ML20238C626
| ML20238C626 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 01/14/1987 |
| From: | Marshall W GENERAL PUBLIC UTILITIES CORP. |
| To: | |
| Shared Package | |
| ML20238C505 | List:
|
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8712310120 | |
| Download: ML20238C626 (70) | |
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ORGNAL Uh11ED STATES 4 XUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-320 (Civil Penalty)
GENERAL PUBLIC UTILITIES NUCLEAR CORPORATION (Three Mile Island, Unit 2) 1 1
LOCATION: MIDpLETOWN, PENNSYLVANIA PAGES: 1-68 DATE: WEDNESDAY, JANUARY 14, 1987 s
1 ACE-FEDERAL REPORTERS, INC.
Official Recrte s 444 North Capitol Street Washington, b.C. 20001 (202) 347-3700 DR D 320 NATIONWCE COVERACE T PDR k
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' jl9-UNITED STATPS:OF AMERICA
. -, - NUCLEAR REGULATORY COMMISSION l
~- ^
____x In the Matter of: :
- Docket: No. 50-320' GPU NUCLEAR CORPORATION : (Civil Penalty)-
(Three Mile Island Nuclear. Station, : License No. DOR Unit- No. 2)- : EA 84-137
______________x Pages 1 through. 63 Nuclear Regulatory Commission.
100 Brown-Street Middletown, Pennsylvania j Wednesday, January 14, 1987 l Pursuant to notice, . the deposition of WALTrn (10SrP11 q MARSIIALL was taken before .me, Judith A. 'Tol'erman, Notary Reporter, commencing at'9:08 a.m.
J' APPEARANCES:
3 GEORGE E. JOl!NSON, Esquire COLLEEN P. WOODilEAD,-Esquire United States Nuclear Regulatory Commission Office of General Counsel Washington,.D.C. 20555-(For the Nuclear Regulatory Commission)
.)
KENNEDY-P. RICIIARDSON , Esquire l Thelen, Marrin, Johnson & Bridges One Kaiser Plaza, Suite 1950 Oakland, California 94612 .
(For GPU Nuclear Corporation) ]
Commonwealth Reporting Company, Inc.
l 700 Lisburn Road l ,
Camp Hill, Pennsylvania 17011 Camp Hill Philadelphia (717) 761 7150 (215) 732 1687
. - . _ . _ . _ _ ___.._____.__._____________________._-_._______.m____
i 1-A v j20 )
I APPEARANCES (Continued) : j r ')
w' J. PATRICK IIICKEY, Esquire Shaw, Pittman, Potts & Trowbridge 2300 "N" Street, N.W. I Washington, D.C. 20037 (For GPU Nuclear Corporation)
EMITII B. GEPilART , Fsquire ,
Y,illian & Gephart 218 Pine Street P.O. Box 886 Ilarrisburg, Pennsylvania 17108 (For the Deponent)
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Commonwealth Reporting Company, Inc.
700 Listusen Road 0
Camp Hill, Pennsylvania 17011 Camp 11111 PhlIndelphia (717) 761-7150 (215) 732 1687 l
7 2
10
,e' 1 CONTENTS _ i
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WITNESS DIRECT CROSS REDIRECT RECROSS 3
Walter Joseph Marshall By Mr. Johnson 3 --
62 --
4 By Mr. Hickey --
55 -- --
By Mr. Richardson --
61 -- --
5 6
7 8
i 9
10 11 12
,7- s la _E .X_ _II. _I _B _I_ .T _S_
14 NUMBER FOR IDENTIFICA, TION IN EVIDENCE 15 (None.)
Ifi 17 18 19 20 21 22 23 24 25 COMMONWEALTH REPORTING COMPANY (717)761-7150
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2 . Whe re upon ,-
3 WALTER JOSEPH MARSHALL 2 4 having been duly sworn,' testified as follows:
5 DIRECT EXAMINATION 0 BY MR.-JOHNSON:
- 7 G Mr. Marshall, will you please state your full 8'
8' name? ;
9 A. Walter Joseph Marshall.
10 0 And your current business address?
11 A.- P.O. Box 480,'Middletown, Pennsylvania.
12 What is your current position and employer?
G 13 A. Operations engineer, GPU Nuclear.
14 -
G How long-have you held that position?
15 A. Since February of 1977.
16 G In previous depositions, we talked about startup I
engineers, Level III, and that kind of terminology. ' Does that 18 apply to the type of work that you do?
19 A No, sir, not in respect to operation engineers.
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G Are you a certified engineer?
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MR. HICKEY: Do you mean licensed engineer?
BY MR. JOHNSON:
93
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G Licensed engineer.
O *,
A. In respect to a professional engineer?
25 G Yes.
COMMONWE ALTH REPORTING COMPANY (717)761 7150
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). 1 A No, sir.
2
'O When did you first meet Richard Parks?- '{
3 A- 'The summer of 1980, I guess.
4 G Was that when Richard Parks was at the TMI site 5 working for NUS?
6 g yes, j
- 7 G What was your relationship to him when you met 8
8 him, after you met him?
D A Rick came up on a contract with NUS as a procedure 10 writer working for me, except by the time he got herefthe-11 majority of the procedures had been written, and he ended up, f"
12 working in the startup and' test group for Mike.Herlihy.
13 G Could you describe what your relationship was 14 with him during the time he was an NUS employee?
15 MR. HICKEY: Do you'mean work relationship?
16 MR. JOHNSON: Yes.
h BY MR. JOHNSON:
18 0 You say he worked for you?
19 A He only worked for me for a short period of time, 90
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if he worked for me at all, in that time frame.
91
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G What were your contacts like? I think Parks was 2
there for about a year-and-a-half or two years?
9
~3 A. Right. Later, towards I guess early ' 81, when we
^4 were starting up SDS,-Rick and I both worked as test engineers ,
os O Late '81?
COMMONWE ALTH REPORTING COMPANY (717)761 7150
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4 s3- 5-1 A. Early '81.
2 That was the SDS system?
O 3 A. Submerged demineralized' system.
i 4 That's what it was?-
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5 A, yes, e o
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0 And you worked closely wlth hi.n in r that work? /
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- A. During the startup phase, of t he tect program, yes, g 4, w
8 sir. '
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9 G What was your opinion of Mr. Parha as a. worker a,t' 7
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10 that time? x
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11 A. He was a very competent 4indi/idual. ,
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p- 1 Did you become friends qith h5m during tha )pime? - )t - ' '
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e 2i la i. i A. Yes, sir,
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G 3e left NUS to go to I t'Mnk the Shoreham facilsy.
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That's my recollection. .T don't recap 1 .i U' :t3 when it was,f ^l Do you reme Der approximately' when he bt', <
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9 ,l A. No, sir. Septembcq maybe, soma'whtjreinthere.
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i 18 I don't know for sure. Thrt t, G r ould have been 'M , late '81, .
j I would think'.
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G When he wturoed tV'the siteL T l>p],ieve it was in [ '
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May of ' 82--he came back and he -- do you royall what he was i
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doing at that time? / ,
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A. He.sorked for Bechtr2; :ffe came in as a contractor- l 1 1
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for Bechtal working on Quick-Loak pnceduus ' I biyVeve. .. I 1
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9 4: .n' s , ;4) S L2 A. I dont.remembernfor sure; p ._ .y ,.
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- d. is G' ' Whe,r i,he came back 'Iroin Shorehap ?ind he was working.
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4 on thc. Quick-LMok, % -i did yet work'with him on the cenickNook?
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Again, what was,your-working relationship? , -
- 7 A. \ We.both worked basically for Larry King as- *
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4 ;G ;Except,l ~that Mr. Parka {wasuBechtelemployee~ add, g, ,
10 you werd a..GPU erJployee? ';/
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G Nere you fgiends during this period?'
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F' A >' Yes, sir. ,<
a t n 14 Gy could you run through your. working relationship f n 15 ' -
, with Mr. Parks up uMiil theitime he left the site?g 3
16 "
A.. Well, basical'ly, Rick and I both worNed for Larry.
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17 We . worked on dif ferey, pr6jectm . We worked on the same projects. Some times he worked together, ,Sometime.y wd dorked ,
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19 i ' independently. A lor of procedure wr ying. Iguess,basiqN11y ;
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that was about.it. 2 ,
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. G Did~you have any responsibilities concerning the )
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polar carne tesc procedure,ur) until the time Parka left?
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Sometime before Parks deft, I became a me:iber '6' 93
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of RWG. for the martep and test program.
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95 Before. thar. tim 6, were you involved in the polart
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2 A I very.well could have been. I don't recall 3 specifically being involved with it, but'I'could have reviewed 4 some of the. procedures.
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, 5 0' During-this' period from mid-1982 until March of-5' 4 6 1983 when'Mr. Parks left, how would you describe your relation -
7 ship with him?
!O 8 A We both worked in the same office. Like I said, 9
on some projects we worked together; on some projects we
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10 worked independently. Our relationship was a' good relationship.
11 0 A good working relationship. Were you-friendly
- 12 on a personal level?
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13 A Yes, sir..
' 14 0 During the period later January, early February,
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>' did Mr. Parks relate to you concerns about his job status, 16 say up to approximately the 18th of February? Did he express 17 l
.! any concerns to you that he was fearful of his employment? .
Is; A I don't remember any specific instance, no, sir. -
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-' .' 19 G Did he mention to you comments by any GPU or oo Bechtel employees that were derogatory in nature?
21 MR. HICKEY: About him?
BY MR. JOHNSON:
23 9 Q About Mr. Parks.
o4 A. I don't remember anything in specific. ]
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$ G Did you work in the same general vicinity? Was your 1
COMMONWEALTH REPORTING COMPANY (717)761 7150 y
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() 1 office in the samengeneral vicinity.as Mr. Parks?-
2- A Yes, sir.
3 G 'Were you in the office on February;18th early in-
~N .the' morning when'Mr. Parks came in with -- apparentlyche came t
5 .inLfrom the parking lot with Mr. Kitler.. . Were you present-G when he came into work'that morning? I know it is a long.
i
. 7 time ago and it's one day --
!O 8 A I don't believe so.
9 But do you remember?
G 10 A I don' t remember, no, sir.
11 g- LSo you don't have any personal recollection of
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conversations that took place with Mr. Kitler, Mr. Chwastyk, 13 Mr. King and Mr. Parks about a rumor that Mr. Parks had heard.
about?
A. No , sir.
- Did Mr. Parks talk to you after February 18th, 1983 G
I7 about having heard -- let's put it in a time fram? -- after
" February '83 and, say, before March 16, '83, did he talk 19 to you about having heard rumors that he might be transferred no and some people were out to get him or something of that 91
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nature? , ,
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A. I don' t remember any specific conversation that 93
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related totthati He could have said something, but I don't 94
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remember. I can't -- I just don't remember.
G Do you remember anything more general like that COMMONWEALTH REPORTING COMPANY (717)761-7150 i
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() I he seemed concerned or upset or worried about his status on 2 the site?
3 ^
.. Somewhere in that time frame after Larry King 4 was suspended, Rick became concerned about his position, yes, 5 somewhere in that time frame.
6 G Do you recall what kinds of things he said?
-- 7 A. No, sir, not really.
!O 8 G- Did he ask you for help or seek advice from you?
9 A. On certain things, yes, he asked me for some 10 advice.
11 O What did he ask you? Do you recall?
I2 He said one time that he was going to go to the
.; A.
13 NRC with a problem, and .I don't remember if the problem was
" j related to the technical aspects of the polar crane test 15 procedure or an SER or something. I don't remember what I
16 '
exactly the problem was.
I told him that I wouldn' t do that; that I would talk k
18 to at that time it was Joe Chwastyk. j 19 G What was Joe's -- I'm sorry.
1 20 '
A That'was after Larry had been suspended; so Joe 9
~1 1 was acting site ops director, who would have been Parks and '
00 my bosd.
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g- G I'm sorry. What did Joe Chwastyk say?
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(_ 24 A. I don't know. I don't even know if Rick talked to 25 him.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
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_ O Why did you bring up Joe Chwastyk?
2 Because Rick had asked me -- he had a problem that A
3 he wanted to go to the NRC with, and I told him that I'd talk 4
to Chwastyk first.
5 G Oh, I see; and you don't know what happened after 6
that?
I
- A. No, sir. I don't know if he talked to Joe or not.
8 8
I don't know if he went to the NRC or not.
9 G That was sometime after Larry was suspended, but 10 before you were appointed to the TWG?
II A. It was sometime after Larry was suspended. I don't l')
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know if it was before or after I was appointed to the TWG.
ggbg 13 I don't remember.
14l During this tinie period from, say, the beginning G
15 of February until the time that Mr. Parks was suspended, was 16 it you r opinion that Mr. Palks had. acted improperly with 17
' respect to his work?
18 A. No, sir.
19 MR. HICKEY: I object to the form of the question, 20 it's generality and'it's vagueness and the lack of a foundation 21 for the opinion. Maybe it was just introductory; I don't know .
22 BY MR. JOHNSON:
23 You worked with Mr. Parks during this period of 8
G 24 February-March of '83?
25 A. Yes.
COM MONWE ALTH RE PORTING COM PANY (717)761 7150
l s9 11 1 _g And he performed his work satisfactorily in your 2 opinion, as far as you could tell?
3 A Yes, sir.
4 0 .Was he able to function effectively.in his role 5 psychologically or'from a personnel point of view?
6 MR. HICKEY: I object to the form of the question.
- 7 BY MR. JOHNSON:
8 'O Did you observe his behavior during this period?
9 A To the extent that I worked with him_every day, yes ,
i 10 Did you work with him every day?
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11 A Yes, sir. l lo~ -
q G And having worked with him every day, did you see'
, anything unusual in his behavior that might have_affected his' . .
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work? ,
a 15 A No, sir. !
1 16 g As far as you could tell, was he performing his
" 'll assignments as assigned to him?
l l
A Yes, sir.
19 j
S' After Mr. Parks was removed as the alterate startup l
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and test supervisor to Mr. Kitler and alternate member of TWG 21 for the startup and test on February 18th -- let me back up.
22 You are now aware that he was removed by -- are you aware that 93
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he was removed by memo of Ed Kitler from the position of j 0
~4 alternate startup and test supervisor on February 18' as
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A. I'm aware at this time that there was a memo COMMONWEALTH REPORTING COMPANY (717)761 7150
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() I written that did that, yes.
2 G Did Mr. Parks come to you after he learned of his 3 removal, which I believe the record shows that it was on 4 February 23rd at a meeting, but did he come to you and express 1
5 any concerns either about his removal or the way in which he I
6 found out about his removal?
- 7 A. From startup and test supervisor?
8 Yes.
G 9 A. No, sir.
10 G Were you contemporaneously aware of his removal? l 11 A No, sir, I don't believe so.
1
, "N G You were designated to replace Mr. Parks as the '
(_ l I3 primary site operations representative on the test working grobp 14 by Mr. Chwastyk, I believe, on March 17th; do you recall that?
15 A. I recall being chosen to be sent on TWG, yes, sir.
16 G You gave a statement on June 19th or the week of --
17 >
I think it was June 14th at 3:00 p.m. I have a transcript i
18 '
of the tape. It was about an interview that you had with a 19 lawyer from Government Accountability Project.
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A. I believe it was, yee, sir.
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G In that interview, you indicated -- at least this transcript was produced to me by GPU in discovery. It's not o;
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a sworn statement. It's just a transcript of a tape. I e y~
just wanted to go through some points that are in here.
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A. Yes, sir.
l COMMONWE ALTH RE PORT lNG COMPANY (717)761 7150
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l) 1 G_ One of which is that it was your belief that-when 2 you were appointed the primary delegate of site operations to l
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-3 the TWG that it was for all purposes.
l-l 4 A.
i I don't remember. It could have been for all of 1
l l 5 .it.
G You said you'd have to look at the document, but G
.-- 7 it was your impression that it was not just for the polar 8
8 crane. 'That'was.the question that was posed to you.
9 .The question was: was it your understanding at the-10 time that this representation function that you had on the 11 TWG was only for the polar crane load test or polar crane 12 approvals or for just generally, and you indicated you thought
(-)T 13 it was general.
Is that your best recollection now?
15 A -Yes,. sir.
16 MR. HICKEY: Do you want to show him the memorandum?
MR. GEPHART: Which memorandum are you talking about?
MR. HICKEY: Thememor'anbumthatappointedMr. Marshall 19 as Mr. Chwastyk's substitute, because presumably Mr. Marshall oo
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saw the memorandum and got some understanding from that. So 9
- 1 I think the record is misleading as it now stands.
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MR. RICHARDSON: I've got it right here.
9
~3 (Document handed to witness.)
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( 9
~4 (Witness and Counsel perusing document. )
25 MR. JOHNSON: Before we go on, I would like everybody COMMONWEALTH REPORTING COMPANY (717)761-7150 l
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llh 1 to identify themselves for the record.
2 I am George Johnson, Counsel for the NRC staff.
3 MR. HICKEY: I am Patrick Hickey, Counsel for GPU 4 Nuclear.
l 5 MR. RICHARDSON: I am Kennedy P. Richardson, Counsel j 6 for GPU Nucelar.
- 7 MS, WOODHEAD: Colleen Woodhead, Counsel for NRC staff.
?
8 MR. GEPHART: Smith B. Gephart, private counsel to 9 Mr. Marshall.
10 MR. JOHNSON: Thank you.
11 Let's go off the record for just a second.
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(Discussion off the record.)
MR. JOHNSON: On the record.
" BY MR. JOHNSON:
1 15 0 Have you read this March 17, 1983 memorandum --
- A Yes, I believe I have sometime.
l
" -- written by.Mr. Chwastyk.
G. It indicates that you will replace Mr. Parks as primary member only for the reactor building polar crane project.
90 Okay.
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G But what was your understanding at the time of 22 whether it was that limited?
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G Did you have any advance notice that you would be os
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designated the primary site operations representative on the COMMONWE ALTH REPORTING COMPANY (717)761-7150
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(,/ 1 TWG?
2 A. No, sir, I don't believe so.
3 g When did you first learn that you were going to 4 be designated as such?
5 A. I don't remember the date.
6 Do you recall Mr. Parks coming back from a meeting G
7 with Mr. Chwastyk and Mr. Kanga on the afternoon of the 17th E
8 of. March, 1983 and talking to you?
9 A. No, sir.
10 It is a while ago, 1983. Let me show you this 0
11 transcript and see if it refreshes your recollection.
1 MR. GEPHART: We've got a copy right here. What do
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13 l you want him to read at this point? i n .
BY MR. JOHNSON:
15 g Would you read from about two-thirds of the way 16 down on page -- they are unnumbered, but it is the 15th page, 17 and read page 16.
18 MR. GEPHART: What are the last three words on the page 19 you want him to start on?
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l MR. JOHNSON: "About that happening."
MR. GEPHART: You want him to read --
MR. JOHNSON: The bottom about 10 to 15 lines of that og page and the next page about two-thirds of the way down.
8 24 !
(Witness perusing document.)
2T.
MR. GEPHART: Where are you?
COM MONWE ALTH RE PORTING COM PANY (717)761-7150
sl4 16 7.,
' ,) 1 THE WITNESS: Down here (indicating).
2 MR. GEPHART: That's far enough, I guess.
3 BY MR. JOHNSON:
4 g Does reading that help you to refresh your 5 recollection of those events? I 6 MR. RICHARDSON: Excuse me. I am going to object.
- 7 There is no real indication that he needs to refresh his
!O I 8 recollection, 9 MR. JOHNSON: There was to me, because I asked him 10 a question about these events and he said he didn't remember.
11 MR. RICHARDSON: I don't recall a specific question concerning a particular event.
(N s_ -
13 ' We won't bother to read back the MR. JOHNSON:
14 I'll start ~with the assumption that you're right.
record.
BY MR. JOHNSON:
16 0 You've read those pages?
17 A Yes, sir.
18 G They recount a conversation between you and --
19 who was the attorney that you were speaking to?
9
~0 A. I don' t remember.
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O You don't remember; but you were being asked questions concerning the events after Mr. Parks had a o3
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conversation with Mr. Chwastyk and Mr. Kanga and came back 0 "4
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to the office, and you talked to him; is that not correct.
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A. Yes, sir, apparently. Yes, sir.
COMMONWEALTH REPORTING COMPANY (717)761-7150
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(, 1 G Starting at the bottom of page 15, the question I'
2 "
is: Did you get any feeling that there was not animosity i
3 between yourselves, but did you get any feeling that he was j 4 a bit chewed up about that happening?" You say: "That Rick 5 was?" The question is: "Yes." You say: "Yes." l i
6 Then the question.is: "Why did you feel that, i
7 Bubba?" You say: "He told me after I guess he went to g.
8 :the . meeting with .Kanga and Chwastyk and they told him that t
9 they'were going to relieve him of'these TWG duties and I 10 guess gave him.a reason, and he came back and told'me that 11 he felt they were doing it because of the issues he brought ;
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up on the polar. crane."
)
13 Do you. recall him-saying that? j i >
14 MR. RICHARDSON: I'm going to object. That is a 15 multiple, compound question. :You have read several questions 16 and several answers from this document. It's not clear.to me -- there has been no foundation laid as to what this 18 document is, whether the witness has reviewed it.
19 MR. JOHNSON: Yes, there is.
20 BY MR. JOHNSON:
21 Q You have read the document, haven't you?
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.A The whole thing?
23 G No. I mean the pages that I -- I've just asked you 24 to read the pertinent page, didn't I?
25 A. Yes.
COMMONWEALTH REPORTING COMPANY (717)761-7150
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(,) 1 G And you said you recollected the interview?
2 A. Yes, sir.
3 The question I have for you is: when Mr. Parks G
4 came back from the meeting with Mr. Kanga and Mr. Chwastyk 5 on the 17th of March, do you remember him telling you that 6 he felt that he was relieved from his TWG duties because of 7 the fact that he had raised issues about the polar crane?
8 8 A. No, sir, I don't remember that.
9 Do you believe that this tape is inaccurate?.
G 10 MR. RICHARDSON: Objection. There is no tape on the Il table. I.see some pages stapled together, which I gather you 1
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LJ are rep' resenting is somebody's transcription of a tape.
13 MR. JOHMSON: Maybe I'll just ask Mr. Hickey to tell
'i 4 '
me what he thinks this is.
15 MR. HICKEY: Maybe I would refer that question to l 16 i Mr. Gephart, because Mr. Gephart was the source of it.
17 MR. RICHARDSON: My problem, Mr. Johnson, is I don't 18 know who typed this thing, who transcribed it, when it was done .
19 MR. HICKEY: I think it is a fair question, and maybe 20 Mr. Gephart can throw some light on it. I produced it because 91
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I got it. It seemed to me responsive to one of your requests.
I would think that you would probably have some interest in 23 whatever you can learn about the circumstances under which 0 24 it was made, because that may reflect its accuracy; and the 25 best source that I have, apart from Mr. Marshall, who you COM MONWE ALTH RE PORTING COM P ANY (717)761-7150
sl7 19 l
() I haven't asked about it, is Mr. Gephart. 1 2 MR. JOHNSON: Let me ask Mr. Marshall first.
3 BY MR. JOHNSON:
4 G Do you know anything about the circumstances of 5 this document being prepared?
6 A. I know about the interview that I had with I
- 7 guess it was Parks' lawyers. They called and asked me if I 8 would be willing to talk to them, because I think they said 9 they were preparing a defense for Parks. I told them that I 10 didn't have a problem with that and to contact my counsel, 11 which they did and set up an interview.
10-O. Was the interview taped?
'3 A. I guess it was. I don' t really remeraber.
I4l 0 Did they provide you -- the person who took the 10 interview, did he provide you a copy of the tape?
IO A No, sir.
I7 Q. Did he provide you with a copy of the transcript?
18 A. No, sir.
I9 Q. Did he provide your attorney with either a tape or 9
'0 the transcript?
91 A I have to ask my attorney that.
22 0 Is that all you know about this document?
o-A Yes.
94 O. When did you first --
MR. RICHARDSON: I'm going to object. Ile has indicated COMMONWE ALTH REPQRTING COMPANY (717)761-7150
5:
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's18 20
()' 1 .to me, from what I've heard, that he knows nothing about that 2 document.
3 MR. JOHNSON: 'Well, let me ask the next' question.
4 BY MR. JOHNSON:
5 .G Did you see this document between this morning 1 6 and the time that it was prepared? Have you-seen this.
-- '7 document before this morning?
O
' ~
8 A I have seen parts of this document, yes..
9 g When'did.you see it?
10 A .Last Thursday.
11 Is that the first time you saw it?
G 12 A. To the best of my knowledge, yes, sir.
0 LWhat were the circumstances of you seeing it? .
I4 How did you come to see it?
' A. At a meeting"with Mr. Hickey and Mr. Gephart last Thursday afternoon. Mr. Gephart had the document with him.
I O Do you'know anything further about the document? !
I8 Did you discuss with Mr. Gephart whether this was an accurate transcription of what was said at the interview?
00
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MR. GEPHART: Objection, ol
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MR. HICKEY: You don't want to really ask him about 99
~~
what he has discussed with Mr. Gephart.
"3
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BY MR. JOHNSON:
"4 So you have had an opportunity to review the G
i 25 document, at least parts of it, between last Thursday and today?
1 COMMONWEALTH REPORTING COMPANY (717)761-7150
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.(f 1 MR. HICKEY: LDo you mean has he looked at it or did 2 he have.an opportunity?
3 BY MR. JOHNSON:
4 Was it provided to you to review?
G 5 A No, sir.
6 MR. JOHNSON: Mr.~Gephart, could you inform me how
- 7 you -- did you receive this in. discovery in the other case, 0
8 in the DOL case?
9 MR. GEPHART: No. .Apparently -- I say apparently, 10 because' I- don' t believe :I was present on June 14th, 1983.
11 Apparently it was , taped by a lawyer from my office and was 12 subsequently transcribed in'the form of which you see it by 13 a secretary in my office.
I4 To the'best of'my knowledge, this document has never 15 been disseminated to anybody.up until last Thursday.
BY MR. JOHNSON:
G Mr.. Marshall, having read the response on page 16 l
I that I have just read, the last few sentences about Mr. Parks 19 coming back from the meeting and telling you that you felt 20 that he had been relieved from his TWG duties because of the 21 issues he brought up on the polar crane, does that sound to 22 you like something you said at this interview?
93
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A I don't have any recollection of Parks saying that 0> 24 to me.
25 g You don't have any current recollection of him saying l l COMMONWE ALTH REPORTING COMPANY (717)761-7150 J
l s20 22
( ) 1 it to you at the time he said it?
l 2 A No, sir.
3 Q But do you have any reason to believe that you did 4 not say these words?
O A No, sir, I haven't. I don't have any reason to l 6 believe I didn't say this, no, sir.
- 7 g And you have no reason to believe that it is an l E
0 l
8 inaccurate transcription?
9 MR. HICKEY: Or an' accurate one. I think the question 10 is: do you recall'saying that at the interview. I assume that's 11 what you want to know.
I r"3 THE WITNESS: I don't particularly remember saying L ,I I3 that at the' interview.
BY MR. JOHNSON:
15 Q Do you recall Mr. Parks coming back from a meeting 10 with Mr. Chwastyk and Mr. Kanga and talking to yeu?
l I'
A. No, sir.
i i
18 G During this period of March 17, you were still !
{
i 19 working with Mr. Parks on a day-to-day basis? j oo
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A. Yes, sir. I, "I
^
Q Did you notice a change in his demeanor around this q
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.n'
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A No, sir. When Larry King got suspended, Rick l 8 o4
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became very concerned about what had happened to Larry; and l
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1 determine any difference in the way'he behaved.
1 2 g Did he at any time express to you a feeling that I 3 he-could not perform his duties?
4 .No, sir. -;
A. .
5 g Did9he ever express to you a' desire to.be removed 6 from his duties?
- 7 ~A. No, sir, d 8 g And specifically from his TWG duties.
9 #
A. No, sir'. .
10 g Did he ever express to you a feeling that he felt ;
11 that he' wasi too close to' tihe polar crane to properly 'do' his Work?
I A.~ .No,' sir. When the transition took place from him I4 to me, my recollection was that Rick felt that it was probably 15 the best thing that I stepped in and served as the primary on TWG.
II I don't recall the circumstances around that, but I 18 don't remember it being a big deal. My recolle'etion today is that it wasn't that big of a deal.
20 g Were you reluctant to take the responsibility?
91
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A. No, sir, basically because all of the issues that 09 had been brought up before for the most part had been resolved 93 by that time.
24 g When he said that he thought it may be the best 95
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thing, did he explain why he felt that?
COMMONWEALTH REPORTING COMPANY (717)761-7150
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) 1 A. No, sir, j 2 g What was your understanding of what he meant?
3 A. I don't remember, but it seems like the conversa- )
1
\
4 tion with Chwastyk and Kanga, that the end result was that j l
5 he thought it was a better thing for me to do; you know, that 6 it was appropriate for me to take his place.
- 7 g Did he express to you his opinion that given the 8 fact that he was relieved,that it was appropriate for you 9 to take over from him?
i 10 A. Yes, sir.
11 g Do you recall him expressing to you that he believed 1
it was appropriate for him to be relieved?
(~'}
%)
13 A. I don't remember.
14 G Did you ever talk about the question of your TWG membership with Mr. Kanga?
16 A. No, sir.
I G Did you have occasion to discuss your TWG member-18 ship with Mr. Chwastyk?
19 A. I probably did. I don't remember discussing it oo
~
with Joe.
91
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G Once being appointed, how long did you serve on w
~~
TNG?
23 A. I don't remember.
8 24 g Do you have any recollection of --
A. I would think from the time I was appointed to the COMMONWE ALTH REPORTING COMPANY (717)761-7150
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(,) I time TWG went out of existence, basically.
2 G Which was about when?
3 A. I couldn't answer that, l
4 G In 1983?
l 5 A. Yea, probably sometime in 1983.
6 0 Do you remember attending any TWG meetings?
- 7 A. Yes.
O 8 G Which ones?
9 A. There were:some on the polar crane load test 10 procedure and there were some on retest procedures that were 11 done on the polar crane. Basically, about the only 19
<^)
thing I remember sitting on TWG for was related to the polar
%_,./
13 crane.
I4 G Was it a half a dozen meetings or more or less If' than half a dozen meetings?
10 MR. HICKEY: If you can remember.
II THE WITNESS: I couldn't tell you how many meetings it was.
BY MR. JOIINSON :
')0
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G But you don't recall it being a very significant
~>i part of your work?
22 A No, sir.
9'3
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G It was not?
24 A. No, sir. i G Was it your opinion that Mr. Parks could have COMMONWE ALTH REPORTING COMPANY (717)761-7150
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u
.s24 26 hl 1 continued to represent site operations on the TWG?'
1 2 MR. HICKEY: Can you be more specific about what that l 1
-l 3 means? "Could have"in what sense? i i
4 BY MR. JOHNSON:
5 G When'Mr. Parks was relieved'and you were designated 6 to replace him,,were you consulted?
- 7 A. No, sir,. _
l
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5 \
l
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8 G Do you recall discussing with Mr. Parks the 9 po'ssibility.fof_you just'exchan'ging roles.as site operation 10 representatives'on.the TWG,for purposes of the polar crane 11 just on an! informal basis rather than do it in the manner 12 that was actually done; that was you were designated by 3
Mr. Chwastyk?
14 A. No, sir.
15 G Did'you ever discuss with Mr. Parks his concerns 16 about Administrative Procedure 1047 and its' applicability to I
the polar crane test procedure?
I8 A. Probably, yes, sir.
19 g Did you feel that he had legitimate concerns?
20 A. Yes, sir.
')1
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G With respect to that procedure? t 99
~~
A. Yes, sir.
23 And its applicability?
t V 24 A. Yes, sir.
ry e g What do you recall about the circumstances COMMONWEALTH REPORTING COMPANY (717)761-7150
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i .from approximately March 21st to March 24th with respect-tJ 2 to Mr. Parks' removal? Were you in contact with him during.
3 this period?
4 A I'm sorry; I don't remember the dates or the time 1
.5 frame, t . . . . , .
6 <G Up,until the' time that Mr. Parks.was suspended ~
.- 7 'from the site, were,you in daily contact with him, more or.
5
- g. .
s 'le s s ?.:
9 A I believe so, yes.
10
-- G ~ ~And when he Nas'at work, you were in daily contact 4 11 with him?
12 A. Yes, sir.
O 13 G Did he ever discuss with you the fact that he 14 had prepared an affidavit'and'was going to make a DOL complain;?
15 A. No, sir.
16 Did you have conversations with Mr. Parks concerning G
17 his complaint or his press conference before he had that 18 press conference?
19 A. No, sir, I don't believe so.
20 Were you privy to any discussions with other GPU 0 1 21 or Bechtel personnel concerning what to do with Mr. Parks' 22 employment status after it became known that he was going to {
I 23 go public with his complaint?
( 24 A. No.
25 Were you at any meetings in which Mr. Arnold, 0
COMMONWEALTH REPORTING COMPANY (717)761-7150
28 s26
() 1 Mr. Kanga and Mr. Barton were in attendance in which Mr. Parks '
2 affidavit or his public press conference was discussed?
3 A. I don't believe so.
4 G Did you continue to be in contact with Mr. Parks 5 once he was suspended from the site?
6 A. Yes, sir.
- 7 G And on what basis was that?
!O 8 A. We were basically friends.
9 G- 'Did you continue to see him on a fairly regular 10 basis?
11 A. No, sir, 12 G And why was that?
e^)
G1 I3 A. Basically due to the situation, and my counsel 14 recommended that I not be in contact with him.
15 g Were there any hard feelings between the two of 16 you?
II A. No, sir.
I8 G Do you feel that if Mr. Parks had continued to I9 work at this site and come back after his press conference 90 that you would have been able to continue to work with him?
21 A. I believe I would have, yes.
l l
22 l
G Did you have discussions with other members of "3
~
the site operations, people like Mr. Chwastyk, concerning --
9
~4 let me put it in a time frame. Once it became known that o;
~'
Mr. Parks was going public with his complaint or after he had
(
f l
COMMONWEALTH REPORTING COMPANY (717)761-7150
28 s26 Mr. Kanga and Mr. Barton were in attendance in which Mr. Parks '
(v ) 1 2 affidavit or his public press conference was discussed?
3 A I don't believe so.
4 Q Did you continue to be in contact with Mr. Parks 5 once he was suspended from the site?
6 A. Yes, sir.
- 7 G And on what basis was that?
!O 8 A. We were basically friends.
9 Q- Did you continue to see him on a fairly regular 10 basis?
11 A. No, sir.
12 r's) 0 And why was that?
(
L .J 13 A. Basically due to the situation, and my counsel I4 recommended that I not be in contact with him.
15 g Were there any hard feelings between the two of 16 you?
17 A. No , sir.
18 G Do you feel that if Mr. Parks had continued to
- work at this site and come back after his press conference 20 that you would have been able to continue to work with him?
91 A. I believe I would have, yes.
22 G Did you have discussions with other members of "3
the site operations, people like Mr. Chwastyk, concerning --
94
~
let me put it in a time frame. Once it became known that 2'
Mr. Parks was going public with his complaint or after he had COMMONWE ALTH REPORTING COMPANY (717)761-7150
s27 29
( .- 1 gone public with his complaint, did you learn of the contents 2 of.the complaint, the affidavit?
3 A. I would imagine so, yes, sir.
l 4 g Did you learn that he had made some statements
.5 about a so-called'" mystery man"?
6 A. Yes, sir.
. 7 G -
Nh.en'did you.first learn about that?
O
- 8. A. I don't remember the time frame or the exact date.
9 I would imagine it was sho'rtly after the affidavit went.public .
10 MR. HICKEY: I think his press conference was on 11 March 23rd for.the record, Mr. Marshall, if that helps.
12 BY MR. JOHNSON:
13 G Do you recall him making some statements that 14 he believed that George Kunder had turned off the high 15 pressure injection pumps?
16 A. I believe that was part of his affidavit.
17 G Was it your belief when you learned that that that 18 was inaccurate?
19 A. Yes, sir.
20 g Did you believe that Mr. Parks made the statement 21 in good faith?
22 A I don't know how to answer that, 23 Could you read that question back, n MR. RICHARDSON:
( 94 please?
27 (Whereupon, the reporter read from the record, as requested.)
COMMONWEALTH REPORTING COMPANY (717)761-7150
1.
- s27- 29 1 gone public with his complaint, did you learn of the contents L L.(]
2 of the complaint, the affidavit?
L 3 A. I would imagine so, yes, sir.
4 G Did you learn that'he had made some statements 5 about a'so-called'" mystery man"?
6 ,
A Yes, sir.
7 : ' gl Shen'did you first' learn about that?
g-.
2 8 A. I don't remember the time frame or the exact date.
9 I would imagine it was shortly after the affidavit went public .
10 MR. HICKEY: I think his press conference was on 11 March 23rd for the record, Mr. Marshall, if that helps.
12 BY MR. ' JOHNSON :
13 Do you. recall him making some statements that G
14 he believed that George Kunder had turned off the high 15 p.ressure injection pumps?
16 A. I believe that was part of his affidavit.
17 Was it your belief when you learned that that that 0
18 was inaccurate?
B A. Yes, sir.
20 g Did you believe that Mr. Parks made the statement 21 in good faith?
22 A. I don't know how to answer that.
23 Could you read that question back, MR. RICHARDSON:
24 please?
i 25 (Whereupon, the reporter read from the record, as requested.)
COMMONWEALTH REPORTING COMPANY (717)761 7150 )
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- s28 30 .-
l
,q BY MR. JOHNSON:
-Q 1 2 G Could you explain your last answer? Why can't l 3 you?
4 ) MRi RICHARDSON: ~Actually, for clarification, when l
5 you f asked whether. the witness believes that Mr. . Parks made j G
'tha,t' accusation in good fsith, are you asking whether in the 7 witness ' raind that.,Mr. . Parks had an objective, factual basis .
~? \
O
' 8 for making that accusation? l l
9 MR. JOHNSON: That's a good question. ;
10 BY MR. JOHNSON:
11 g Did you have discussions with Mr. Parks concerning 12 the so-called'" mystery man" question? l IO A. No,' sir.
14 0 Were you aware'of conversations in which the l 15 question of who turned off certain pumps came up during the 16 accident at TMI?
" A Yes, sir. I have been in discussions in the past I
on that subject.
19 0 With Mr. Parks?
oo
~
A Parks may have been there, yes, sir.
9
~1 g Is it your recollection that those discussions were talking about the reactor coolant pumps?
A. Yes, sir.
"4
^
G Those discussions were who turned off the reactor 25 coolant pumps?
COMMONWE ALTH REPORTING COMPANY (717)761-7150
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A. The reactor coolant purnps s yes,. sir. 4 ,
2 HR. HICKEY: Are those d;ifferent f coir. the high pre,1, otf.(
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i' .
injection pumps? #l1, 3 '
r a <.
4 THE WITNEFS: Yes, sir.
'i 5 BY MP. JO'INSON: '
6 0 In those discussions in which you and Mr. Parks were present, is it your I jnlief that It was always c ar
_ 7 f g that the pumps thatwerebeingdiscussedweretlfe reactor \
9 coolant puraps? , ;
t 39 A. It vas always clear tl m1 that the pump be;ing 33 discussed were the reactor coolant pumps, yes, sir.
12 0 Were yo aware of Mr. Parks' belief pdrar to: m 3 I'
(c) >
4 13 his going public that the pus ps that were turri.?,d of f were'. iT asis ~~ chat hehighpressure[
~
17 Mr. Parks might have had for 1,elievi'.g Oht
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18 injection pumps had been turncd off' /
19 A. N c', sir. ,
.i i 20 i MR. HICKEY: Or that they had been turned off )y I ,
i 21 l George Kunder?
1 22 THE WIT.* JESS : No, sir.
23 BY MR. JOIINSON:
l 24 G Did you have a basis for knawing that he had not l l
l i done that, he had not turned :If the hi :h t pressure in j e : tion 25 COMMCN VE ALTH REPORThG CO*4PANY (7 3 761-7150
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2 ') A. No,; sir.
3 MR. HICKT:N: The question is whether he had a basis h i
a for knowing?
5 , MR. JOHNSON: Knowing or.not knowing, knowing the 6 affirmative that he did not turn.off the ptimps.
_ 7 MR. RICHARDSON: You're asking whetherfthe witness has
?
2 s personal knowledge whether Mr. Kunder did not turn off --
9 MR. HICKET: Wait a minute. That's two questions.
10 I think Mr. Joiinscn's question is: di'd he have a basis for 11 a view about whether Mr. Kunder'turne6,off the pumps.
,, 12 MR,' JOHNSON: Right. S I
Ri 13 MR. HICKEY: Mr. Richardson's question is: did you 14 have personal knowledge of whether Mr. Kunder turned off the ,
16 high pressure injection punys or, not.
16 MR. 05HNSON: That's a slightly different question.
17 MR. r!ICKEY: Yes, I think it is. I think if you're 18 going to ask him, you ought to have one question on the tabla 19 at a time and the witness can answer that one. .-
20 l MR. JOHNSON: Well, .I asked my question.
21 l MR. HICKEY: I know, but I think for the record to 22 be clear, it's a good idea when there are two questions on 23 the table to stop and p,et one of-them clear.
S 24 f MR. RICHARDSON . Why don' t we take thwi of f the taLEc:
25 and put one question on the table.
COM MONWE ALTH RE PORTING COMPANY (717 6 7 E.1 715 0 i
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l' MR. HICKEY: Would;you rephrase your question, Mr.
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.2 ' Johnson r reput it, ;Mr. ; Johnson, so the witness knows which t-3 one,to/ address.
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1,- ? BY : MR. [ JOHNSO,N :
4 .c 2
si; 4 5 G Did you have any personaliknowledge about
"'i #
Mr. Kunder's"r' ole in turning off the high pressure injection
+. ' , . .
a g
. 7f, pumps?
2: -g A. ' lNo, sir.
9 , O Did you have any personal. knowledge about the high.
10 P:lessure injection ' pumps being turned of f ?
9 ;i 11 3, l A. No, sir.
.(.
12 '\ .D Did you have any personal k'nowledge concerning 13 Mr.. Parks' . basis for that?
f4 A. .No, sir. j f 's
+ y _
15 MR. RICHARDSON: That supposes that Mr. Parks had-a q j
1 16 basis. 1
, I' 17
.h MR. JOHNSON: Yes.
18 MR. RICHARDSON: Objection.
19 THE WITNESS: No, sir. ,
1 20 BY MR. JOHNSON: -i 1
i 21 g Did you have any reason to believe that Mr. Parks 1 22 would make a purposely incorrect statement concerning 1
'3 Mr. Kunder's role on the pumps?
t s' 24 ) . 3 A. No, sir.
.( 25 Q But you said that after he made that accusation, COMMONWEALTH REPORTING COMPANY (717)761-7150
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s32 34 1
1
,. . _ ,)
1 you had no conversations with him about that?
l 2 A I don't believe so.
l 3 G You don't believe that you had any conversations?
l 4 A No, sir.
l f> G Did you have any conversations with anybody on l
6 the site after it became known that he had made these state-7 ments concerning those statements?
!O 8 A Yes, sir.
9 G Do you recall who you discussed those accusations 10 with?
11 A. I believe they were discussed with Mr. Stier I
r)J y.
or a representative of his firm; John Barton also.
I3 G John Barton?
I4 A. Yes.
II' What was the nature of your conversation with G
Mr. Barton?
I Whether that was an accurate statement or not, A.
18 essentially.
- And you told him that you felt it was not?
G
- n I felt it was not, yes, sir.
l A.
- 8) }
~
G Did you have discussions with your peers concerning
~~+> l
- those statements by Mr. Parks?
i
" q' l l A. I would imagine, yes, sir.
- '1 G Could you give me a few names of the types of persons that you might have talked about this with?
COMMONWE ALTH REPORTING COMPANY (717)761-7150 J
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l 1
1 A. <I don't remember any,particular discussions about- !
u . -
4 2 i't , but I would imagine that.it was discussed around the site I
3 generally. ;
i 4 G -But-in terms'of'your own personal discussions.
5 A. I don't remember, you know, any particular- .
6 conversation about it or with anyone in particular. 1 1
1 7 G Do you remember.having -- you don't remember having 1 g
8 such discussions? i
- i.
9 A. No, sir.
10 G Did you have any discussions with any of-your peers j 11 that you worked with on a day-to-day basis concerning whether l')
~
if Mr. Parks returned that you would be able to work with him?
L I3 A. I don't remember having any, no, sir.
l I4 g Is it your best recollection that you did not have 15 such discussions?
16 A. No, sir. I just don't remember a particular II discussion. I'm sure that it was discussed, but I don't 18 remember with whom or what the dates were or anything t *n.
19 G Do you remember any opinions just generally that
O
~
were expressed?
21 l A. No, sir. '
G You can't recollect whether peoples' reactions were negative or positive?
<y A Well, I would think generally the reactions were o.-
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you know. It's all feeling. I don't recollect l negative, COMMONWEALTH REPORTING COMPANY (717)761-7150
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36 1
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1 .having anyLparticular, discussions where I came to that i . . ;. ;
2 'conclu sion . - *'
3 .g. .W hich. conclusion is that?
4 A That generally they would be negative.
5 g And when you sayinegative,-what do youLmean'by 6 negative?
- 7 A Meaning that generally'a lot of people probably '
-i l 8 would have.had a problem working with Rick if he came back; j 9 that they were upset with what had happened, i 10 g What aspect were they. upset.with?
11 A The way that he handled the affidavit, going 19~
public.
13 g Just in general, going public?
" A Yes, sir.
BY MS. WOODHEAD:
- Mr. Marshall, I think you have told us today that O
IY you were a close working associate in your assignments with 2
Mr. Parks for most of the time Mr. Parks was at TMI from I
May of '82 to March of '83; is that correct?
9
~0 A We worked very close on some projects, and.on 21 other ones we were independent. j on
~~
l g But for the majority of time, you were in close woric'.ng i .
23 relationship or at least in physical proximity so that you 24 were aware of Mr. Parks' presence on the site even if you a5
^
were not working on the same assignments?
COMMONWEALTH REPORTING COMPANY (717)761-7150
s35- ,
L37 1 , 5. ryes,'ma'am. ,
2 g Were you also friends socially.after work?
3 ?ki .To a"certain extent, yes, ma'am.
t 4 Would you describe yourselves as close friends?
0 5- A Yes, ma'am.
.6 0- Could_you tell us what you remember about
- 7 events on site concerning the polar crane from, say, early 8 January.of '83 until the time that Mr. Parks was suspended in 9 terms of issues raised, the general demeanor _of people-around 1
H) your office in terms of-the polar crane issues or conversations 11 .about the polar crane?
1 ~<>
MR. RICHARDSON: Objection.
I3 MR. HICKEY: That's about four questions.
MR. RICHARDSON: That's a pretty long and complex 15 ~
question. Could you break it'down a little bit?
16 MS.'WOODHEAD: Let me rephrase it.
I BY MS. WOODHEAD:
I6 g Could you describe the demeanor of the people in 19 your office, their conversations, their attitude concerning oo
~
polar crane issues in this time period, early 1983?
0
- 3 MR. HICKEY: I object to the form of the question, i 1
09
~~
1 You are asking about an unspecified number of people for i 1
23 I a period I guess of approximately 75 days as though there were 1 24 some demeanor that were constant about issues that I suppose 95
~
could have range 3 over a very wide variety.
COMMONWEALTH REPORTING COMr2ANY (717)761-7150 j
38 s36
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,v) 1 'I think the question is impossible to answer. I object 2 to the form of it, i
3 MR. RICHARDSON: I will add to that objection. I think 4 the question presupposes a premise that has not been affirmed 5 by the witness that there were issues which continued in being 6 for the entire period of time.
- 7 He has already testified,if you're referring to
!O 8 Mr. Parks' issues,that they were resolved by the time 9 Mr. Marshall was appointed as the primary TWG representative.
10 BY MS. WOODHEAD:
11 G Mr. Marshall, are you aware that there was any 12 s concern about the polar crane refurbishment by people in your v] 13 I office?
" A. Yes, ma'am.
15 G Could you describe that concern?
16 A. Basically that the way the polar crane was II refurbished didn't necessarily comply with some specific "I admin. procedures, I believe.
- G Could you name the people that you know who were "O
~
j concerned about this matter?
~I A. Larry King. I don't know if Rick's concerns 1
09 contered around the refurbishment or not. Possibly Ed {
m; Gischel. That's about all I can think of, you know, that "4
~
would more than likely have a problem with it.
.x,
~'
G Did you, yourself, have any concerns?
COMMONWE ALTH RE PORTING COMPANY (717)761-7150
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s37 39
() 1 A In relation to what?
2 G To the polar crane refurbishment program.
3 A. No, ma'am.
4 g Did Rick Parks discuss with you any concerns 5 he might have had about the polar crane refurbishment?
G A. Not the refurbishment, per se. He discussed some
- 7 comments on a load test procedure with me.
8 g What were his concerns about that?
9 A. Basically, it wasn't in accordance with the 10 administrative procedures for the startup and test program.
11 g Did Mr. Parks discuss with you any action on his 1
('"%) part in an attempt to resolve his concern?
e v
13 A. We discussed the comments on the procedure. I I4 believe Rick took them to Larry, actually, and he and Larry 15 King discussed it.
16 g Was the polar crane a topic of conversation in your I
office among the personnel there on a frequent basis?
18 A. Can you rephrase the question?
19 G Did you hear people in your office, namely Mr. King, oo Mr. Parks, Mr. Gischel, discuss the polar crane issues
~j o
frequently?
MR. IIICKEY: All three of them together?
03'
~
MS, WOODilEAD: Any two that might be able to have a 8 04
~
conversation; any two or the whole group.
MR. RICHARDSON: And you are referring to all of the COMMONWE ALTH REPORTING COMPANY (717)761-7150 l l
1
- _ _ - _ _ - _ _ . . _ _ l
s38 - 40
() I issues or concerns which the witness has described today?
2 MS. WOODHEAD: Yes, anything about the polar crane.
3 THE WITNESS: I'm sorry. Would you repeat that?
4 BY MS. WOODHEAD:
5 Would you say it was correct that the polar G
6 crane refurbishment was a topic of frequent conversation 7 among the personnel in your office?
E 8 MR. RICIIARDSON: During what period of time?
9 MS. WOODHEAD: I've already stated early 1983.
10 THE WITNESS: Yes, ma'am.
11 BY MS. WOODHEAD:
O Could you tell me what other people were within la earshot in your office; in other words, occupied offices 14 near you?
15 A Joe Smith, John Perry, Joe Chwastyk. That's about 16 it.
17 g In early '83, did Mr. Parks demonstrate any 18 change in behavior that would lead you to believe he was 19 frustrated or unable to resolve his concerns about the polar 20 crane test procedures?
21 A No, ma'am.
G I believe you stated earlier that Mr. Parks 23 demonstrated a concern for his employment after Mr. King 9 24 was suspended.
25 A. Yes.
COMMONWE ALTH REPORT!NG COMPANY (717)761 7150
i s39 41
()
1 G And if I recall, that was mid-February, approximate ly?l 2 MR. JOHNSON: February 24.
3 MS. WOODHEAD: Of 1983.
4 MR. JOHNSON: Yes, f> BY MS WOODHEAD:
6 G Is it your testimony that Mr. Parks never mentioned
- 7 a concern for his employment prior to the suspension of 8
8 Mr. King to you?
9 A. No , ma'am; I don't believe so.
10 MR. JOHNSON: I think you mean in the affirmative 11 that he never mentioned it. Is that what you mean to say?
12
S THE WITNESS: Right. He never mentioned it to me N.,J 13 before.
I4 BY MS. WOODHEAD:
"' G Any concern about his employment at Three Mile I f' Island?
II A. Yes, ma'am.
I8 0 Did you ever talk to any NRC personnel about the I9 polar crane refurbishment program in terms of expressing
~>o any concerns you might have had?
~ l A. No, ma'am.
22 G Did any NRC personnel question you about your w
~';
conversations or your statements abcut head lift needs at
')4
~
the site?
2I' A. No , ma'am.
COMMONWE ALTH RE POF4 TING COMPANY (717)761-71S0
s40 42
-s 8
) I G Did you have any knowledge of personnel involved 2
with Quiltec Corporation prior to Mr. King's suspension?
3 A. Yes, ma'am.
4 0 What was your knowledge?
5 A. I knew Quiltec existed. I knew Ben Slone started 6
it with another individual who I strongly suspected was j Larry King.
8 G Did you have the suspicion that Larry King was 9'
connected with this corporation at the time Mr. Slone left 10 TMI?
11 A. Yes, ma'am.
(')
%./
G At the time that Mr. Herlihy left, did you know 13 with what company he would be involved? !
14 A Yes, ma'am. !
15 G How about Mr. Reckart, did you have any knowledge 16 about his future employment?
17 A I believe so; yes, ma'am.
18 MR. JOHNSON: What did you understand to be where he 19 was going?
20 THE WITNESS: I understood that he was going to work 21 for Quiltec.
22 BY MS. WOODHEAD:
23 8 24 G Is it correct that Mr. Herlihy and Mr. Reckart left around the late summer or fall of 1982?
j 25 A. In that time frame, yes, ma'am.
COMMONWE ALT H RE PORTING COM PANY (717)761-7150 i
s41 43 1
i l
1 i
(--) 1 G At that time when they left TMI, did you know l
2 the name Quiltec?
3 A. Yes, ma'am.
4 G How did you hear that name? j 5 A Ben Slone worked with Le before he left GPU 6 to start the company.
_ 7 G And Mr. Slone discussed his plans?
?
O 8 A. Yes, ma'am.
9 G So you were thoroughly familiar with the formation 10 of the company?
11 A. Yes, ma'am.
12 He told you at that time that Larry King was --
G 13 A. No , ma'am, not at that time.
14 G So you were --
II' A I suspected that Larry was involved with it from M the start, yes, ma'am.
II G Is that because of your working relationship with
)
M Mr. King?
19 A. The relationship between Mr. King and Mr. Slone.
20 i BY MR. JOIINSON:
21 G When did you first get some solid information 22 that Mr. King was connected with Mr. Slone and a principal in Quiltec?
/r~')
24 MR. IIICKEY : That's two questions.
MR. JOllNSON: Yes.
COMMONWE ALTH RE PORTING COM PANY (7171761 7150
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i
, s42 44 I I
l(,) 1 BY MR. JOHNSON:
l l 2 G When did you first learn that Mr. King was a '
3 principal in Quiltec? I i
4 A. I don't know when. I can't put a specific time ]
5 on it.
6 G Would it have been prior to the time that Mr. Slone
- 7 came back for the Quick-Look in July of '82?
8 A Mr. Slone didn't come back for Quick-Look.
9 G It was my understanding that he came back for a 10 day or so to visit the site. Were you aware that Mr. Slone 11 came back?
,2 eT A. I guess I was. I'm not sure.
L,)
I3 G Do you remember talking to him when he came back?
I4 A. I don't remember him coming back, and I don't 15 remember talking to him, but I may have.
16 G Could you try to put a time frame on when your II strong suspicion that Mr. King was a principal in Quiltec, when your opinion changed from a suspicion to a more I9 corroborated kind of knowledge?
90
~
A. I don't know if it was ever corroborated. My "I
~
suspicion was strong from the very beginning.
22 G Did you ever discuss Mr. King's relationship v;
~'
to Quiltec with Mr. Parks?
"1
~'
A. I don't remember discussing it.
G If you did discuss it, it would not have been COMMONWE ALTH RE PORTING COMPANY (7171761 7150
s43 45 lh 1 often, in other words?
2 MR. HICKEY: Well, he doesn't remember discussing 3 it. It seems to me the question isn't quite fair.
4 BY MR. JOHNSON:
5 G Did Mr. Parks ever mention to you that he was 6 having resumes typed by a Bechtel secretary for Quiltec
- 7 or for Larry King?
8 8 A. No, sir.
1 9 G Were you aware prior to the suspension of Larry l l
10 King that Mr. Parks had requested the Bechtel secretary l 11 Rose Rittle at the time to type some resumes for Quiltec?
I A. No, sir.
13 G Did you ever have any discussions with Mr. Parks 14 concerning Quiltec ?
15 A. Probably so; yes, sir.
16 G What were the nature of these discussions?
I A. What Ben was doing and what the company was I8 doing.
19 G Were you ever approached by Mr. King or Mr. Slone l o
~o to work with Mr. Slone? !
l 91
~
A. I probably was approached by Mr. Slone, yes.
G When was that?
.n'
~
A. The summer-fall.
o4
~
G '82?
A. I would think, yes, sir.
COMMONWEALTH REPORTING COMPANY (7171761-7150
s44 46
/ 1 0 Did you give him a resume?
2 A I don't believe so; no, sir.
3 0 What was your response to Mr. Slone?
4 A I wasn't interested in leaving the area at the 5 time.
6 And you stayed?
G
- 7 A. I have stayed since; yes, sir.
!O 8 Do you know of any other individuals besides '
G 9 Mr. Parks and yourself at the site and also besides 10 Mr. Herlihy and Mr. Reckart who were aware of the Slone/Quiltec 11 connection in 1982?
I
'^3; A I'm sure there were a lot of people aware of that.
%_J 13 I don't know any names for sure, but I'm sure there were a lot 14 of people that were aware of that.
15 0 So it was pretty common knowledge, you thought?
16 A. I think so; yes, sir.
G That Slone was forming a company named Quiltec?
18 A. Yes, sir.
19 G Was it also common knowledge that Mr. King had 9()
~
a connection with Mr. Slone?
91
~
MR. HICKEY: With regard to Quiltec?
BY MR. JOHNSON:
y'
~
G With regard to that company.
8 24 A. I don't know for sure.
,v
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G You don't know for sure. Do you believe that it COMMONWE ALTH REPORTING COMPANY (71717(i1-7150 l
E________.____
i l
I s45 47 l
1 i
s (v! I was fairly well known?
2 MR. HICKEY: Do you have a basis for having a view 3 about whether it was well known or not?
4 THE WITNESS: No, sir. I strongly suspected from l'
5 the beginning that Larry was involved with Quiltec.
6 BY MR. JOHNSON-
- 7 G Did you discuss this suspicion with anybody besides--
8 well, did you discuss it with anybody?
9 A. I may have. I don't remember a discussion about 10 it, but I may have.
11 G It wasn't the kind of thing that you were told i.>
to keep quiet?
r]
<. J I3 MR. HICKEY: Told by whom?
" MR. JOHNSON: Anyone.
THE WITNESS: No, sir.
BY MR. JOHNSON:
I7 G You had fairly regular contact with Larry King in i
18 1982, the fall of '82?
19 A. Yes, sir.
">o G Were you aware of any activities by Larry King
>> 1 which would have appeared to suggest to people around his 22 office that he was involved with Quiltec?
l q'
~
A No, sir, i
4
~
BY MS. WOODHEAD: i 2'
G Nhat was the effect of the suspension of King and C OM MONWE ALTH RE PORTING COM PANY (717)761-7150
s46 48 s
/ ) 1 Parks on the people in your office?
u-2 MR. HICKEY: Could you break that into separate 3 questions, please?
4 BY MS. WOODHEAD:
5 g My question is: what was the effect on the people 6 in your office of the suspension of King and Parks? It's
_ 7 a short time frame, I believe. It was February and March.
E 8 It was within approximately a month. Two people in your 9 office were suspended.
10 What was the impact on the people remaining in your 11 office?
12
- s. MR. HICKEY: I object to the form of the question. It
/]
I3 is compound. It is vague.
I4 MS, WOODHEAD: The objection is noted. Can the witness II' answer?
MR. HICKEY: If he can.
II THE WITNESS: The remaining individuals were upset.
Id BY MS. WOODHEAD:
I9 G For what reason?
20 A. They felt that Larry King was a competent individual
.> 3 and, you know, he had been a good boss, and they didn't know
.r> l who was going to take his place.
.n'
~
O. And how about Mr. Parks; what was their attitude l 0 A
~
about him?
l 1
.>r, A. I guess generally they were disappointed in the i
- COMMONWE ALTH REPORTING COMPANY (717) 761-7150
is47- ' 4 9,
.1 manner in which Mr. Parks handled his problems.
2 g. What was the general opinion, if you know,.as to 3 . what:they thought the conversations were about a better away J 4 'to express his opinions?
5 MR. ' 11ICKEY: .
I object to the que'stion. I have to- i 6 say that I don't see how this gets us any.further down the
- 7 , road. The' questions are so general.
O 8 You're asking this' witness if he has an opinion about-9 the opinion, I gather, of everyone or anyone about a subject 10 that is so. vague that it's almost impossible to describe.
11 I think that we'd get further along if you want to ask him
. 12 about any factual knowledge he has about the matter,'but I 13 object to questions of that nature.
I4 BY MS. WOODHEAD: .
15 G Were the people in your office supporting Parks?
16 Which people MR. IIICKEY : I object to the question.
17 are we talking about?
I8 The people that he previously named j MS. WOODHEAD:
19 MR. IIICKEY: Which" people he previously named? Ile has 20 named a. lot of people, and we're talking about his office.
1 21 J Now, he previously described a geographical area that 22 was around his desk,/ ut b I ' don't'know whether you mean the 1
.23 department he worked-in or the building that he worked in or )
1 24 Ile has named a lo t-the people that he saw in physical contact.
20 I think it would be much clearer if you asked him of people.
COMMONWEALTH REPORTING COMPANY (7171761-7150
)
s48- 50
~~;
j 1 lj about a specific person; and then if he knows something about 2 that person, he can tell you. But I think that your question 3
is an attempt to elicit a generalized answer when he doesn't 4
have a basis for a specific one. So I object to it.
1 5
BY MS. WOODHEAD: l 6
G Mr. Marsha.11, were you supportive of the technical 7
- concerns voiced in Mr. Parks' March 21st affidavit? l 8 1 8
MR. HICKEY: Objection. It's a 53-page affidavit.
9 I Which technical concerns are you talking about and what does 10 it mean to be supportive of them?
11 BY MS. WOODHEAD: ]
1
- '~~') G Did you think that Mr. Parks raised any legitimate ]'
- s. -
13 technical concerns in his March 21st affidavit?
14 MR. HICKEY: What do you mean by " legitimate"? Correct?
15 ,
MR. RICHARDSON: I want to add to that: what do you l 10 mean by " technical"?
17 BY MS. WOODHEAD:
18 G Does the witness understand the question?
19 MR. HICKEY: Well, the counsel doesn't understand the i 20 question, and I think I'm entitled to understand it, too.
21 What does " legitimate" mean?
22 MS. WOODHEAD: Legitimate means the technical basis l 23 rather than without basis.
8 24 THE WITNESS: There was a basis for some of the comments 25 that Rick Parks had with the test procedure for the polar l
COM MONWE ALTtt REPORTING COM PANY (7171701-7150
l s49 51 x !
() I crane.
l 2 I MR. HICKEY: She has asked you about the affidavit.
3 I don't know if you understood her question. She asked you 4 about the affidavit.
5 THE WITNESS: I'm confused.
I 6 MR. GEPHART: How long since you read that affidavit?
- 7 THE WITNESS: Which affidavit?
O 8 MR. GEPHART: Rick's 53-page affidavit.
9 MR. JOHNSON: Could we go off the record just for j 10 a second?
11 (Discussion off the record.)
r~'T MR. JOHNSON: On the record.
t.
s-
.)
g We will take a five-minute break.
14 (Recess.) 4 1
15 16 I7 l
18 19 20 21 22 23 24 f
COM MONWE ALTH RE PORTING COM PANY (717)761-7150 j I
T2:jl 52 MS, WOODHEAD: Back on the record.
("]
q_;
3 2 BY MS. WOODHEAD:
3 G Before the break, Mr. Marshall, I had asked you a 4 question something in the nature of the attitude of the people 5 in your immediate office vicinity about the termination of 6 Parks and King, and I believe you said that they were upset 7 about Mr. King's termination because he was a good supervisor, a and I believe you said that -- perhaps it was your opinion, 9 and it might have been a shared opinion -- that Mr. Parks to might have expressed his concerns in a different way.
11 As to Mr. King, was it your opinion that he was treated 12 fairly by GPU?
I 13 MR. HICKEY: I object to the question. I think it is 14 improper to ask the witness that without any indication of 15 what basis he has for forming an opinion about whether 10 Mr. King was treated fairly.
17 MR. RICHARDSON: I will add to that that it is vague.
18 " Fairly" in what respect?
19 MR. HICKEY: You could ask him if, for example, he 20 read the NRC report and investigated whether Mr. King was 21 treated fairly, or Mr. Stier's report or anything else.
l 22 MS. WOODHEAD: My question goes to the opinion of the 23 people in site operations as to the termination of Mr. King 24 and Mr. Parks in the time frame that it took place, in 3 February and March of '83.
COMMONWEALTH REPORTING COMPANY (717)761-7150 l
J2 53
^
) i BY MS. WOODHEAD:
.. J 2 O Was the reason for the termination known to you?
3 MR. GEPHART: Which one, or are you talking about both 4
of them?
3 MS. WOODHEAD: About both of them; yes.
O BY MS. WOODHEAD:
7 G How about Mr. King?
g A. I believe so; yes, ma'am.
9 Q And was the reason for Mr. Parks' termination also 10 understood?
33 MR. HICKEY: You mean suspension, I suppose?
12 BY MS. WOODHEAD:
la Excuse me. Yes; the suspension.
0 14 A. No, ma'am, not specifically.
15 G Did the suspension of Mr. Kinq and Mr. Parks --
16 MR. HICKEY: Could I ask, please, one more time, that 17 you take those two events and stop treating them as though 18 they are one event, because Mr. King was sunnended in February, 19 and Mr. Parks was suspended about a month later; and I don't 20 think it is helpful to the clarity of the question or the 21 clarity of the witness' answer to continue to link them.
22 Would you mind terribly separating them?
23 MS. UOODHEAD: All right.
24 MR. HICKEY: Thank you.
20 COMMONWE ALTH REPORTING COMPANY (717)761-7150
54 j3
' ^) 1 BY MS. WOODHEAD:
LJ 2 0 'Did the suspension of 1:r. Parks have any effect 3 on the working relationships in your office, the working 4 atmosphere?
3 A. The remaining work relationships?
6 G Right.
7 MR. RICHARDSON: Objection. The cuestion, I think, is s hopelessly vague and ambiguous. Are you eliciting a psycholo-9 logical reaction, the mood of the office? When you say work-lo ing relationships, it could have an impact on whether they 11 were less productive or more productive in writing procedures.
~
12 I think you've got to be far more specific.
- I
\'~' /
13 BY MS. WOODHEAD:
14 Did the suspension of Mr. Parks have any effect on G
\
15 the psychological mood of the people in vour office?
16 MR. HICKEY: If you know.
{
17 THE WITNESS: I don't believe so; no, ma'am.
18 MS. WOODHEAD: No further questions. l l
19 BY MR. JOHNSON:
20 Did you have any discussions with Mr. Chwastyk --
G 1
l 21 MR. RICHARDSON: If we could go off the record momen- l l
l 22 tarily. Mr. Gallagher has arrived. I suspect that vou would 1
1 23 not wish him in the vicinity of the deposition.
l l T 24 MR. JOHNSON: It is just one or two questions more.
l l
25 (Discussion off the record.)
COMMONWE ALTH REPORTING COMPANY (717)761-7150 j
j4 55 i MR. JOHNSON: Back on the record.
a I
2 BY MR. JOHNSON:
3 G Did you have any discussions with Mr. Chwastvk con-4 cerning the replacement of -- let me put it this way: did vou
,r, have any discussions with Mr. Chwastyk concerning the polar 6 crane procedure concerns that Mr. Parks had raised in February?
7 Did you have any conversations about those concerns g with 11r. Chwastyk shortly before you assumed the position of 9 TUG representative for site operations?
10 A. No, sir.
l 11 XR. JOHNSON: Thank you. I have no further questions.
12 MR. HICKEY: I have just a few just to clear up a j i
7-'s) 4
' 13 couple more matters.
14 CROSS-EXAMINATION 15 BY MR. HICKEY:
16 0 I want to show you, Mr. Marshall, as I did pre-17 liminarily during the break, a transcript of your statement 18 taxon by Mr. Stier on April 6, 1983. At pages 11 --
19 MR. JOHNSON: I don't have a copy of that with me.
20 MR. RICHARDSON: I think I have an extra copy of it.
21 MR. GEPHART: Here you go.
22 (Document handed to Counsel Johnson by Counsel Genhart.)
23 MR. JOHNSON: Is there a particular page? I'm sorry.
24 MR. HICKEY: Yes, page ll, beginning line 24 and 2!> continuing on page 12, page 13, up through line 4.
COMMONWEALTH REPORTING COMPANY (717)701 7150
j5 56 r3' BY MR. IIICKEY :
3 q_;
G Take a look at that again, if you need to, and then 2
3 I will sk you a question about it.
4 (Document handed to witness.)
5 (Witness perusing document.)
6 A. Okay.
7 G You were asked by Mr. Johnson earlier a cuestion 3
about whether you had any reason to believe that Rick Parks 9
would make a purposely incorrect statement about George Kunder, 19 or words to that effect, with regard to the allegations in 11 Mr. Parks' affidavit about the " mystery man."
12 Do you recall having a view about Mr. Parks' feelinos
)
13 towards Mr. Kunder as you expressed them to Dr. Stier in 14 April of 1983?
15 A. Yes.
16 G That, I take it, was about two weeks after 17 Mr. Parks' affidavit was released to the public and to the 18 employees at Three Mile Island, April 6, 1983?
19 A. Yes, sir.
20 0 Was it your view at that time that Mr. Parks had 21 some strong personal feelings against Mr. Kunder?
22 A. Yes, sir.
23 G Did you ever hear Mr. Parks make threats about i 24 actions he was going to take about Mr. Kunder before March 23, i
25 1983? i COMMONWEALTH REPORTING COMPANY (7171761 7150 L_ _ ___ _ _
j
l j6 57 i
e- ) 3 A. Yes, sir, the one that I mentioned in there. ;
<J 2 0 What was that threat?
i 3
A. That he was going to call the "Paxton Herald" and 4
tell them that the guy that was the head of the safety review 5 group was the guy that turned off the pumps during the 6 accident.
7 g From your discussions with Mr. Parks, did you be-g lieve that that threat was motivated by his spite toward 9 Mr. Kunder?
in A. Actually, I didn't take it seriously. I thought 11 it was an idle threat.
12 0 You didn't think he would do it?
'~ 13 A. No, sir.
i 14 0 When he released his affidavit to the oublic in 1
15 March of 1983, he had made allegations about Mr. Kunder beina l
l 16 the person who turned off the pumps during the accident in 17 that affidavit, did he not?
l 18 A. I believe so, yes.
(
i 19 G Based on your knowledge of the events, and your l 20 discussions with Mr. Parks, did you feel that was a responsible l
l l
21 allegation for Mr. Parks to make about Mr. Kunder?
l 22 A. No, sir. I thought it was inaccurate.
l 23 0 Did yua think it was motivated by his personal l 24 animosity towards Mr. Kunder?
\
l
(
5 A. I don't know that for a fact.
COMMONWEALTH REPORTING COMPANY (717) 7 6 t -7150 l
l l
j7 58
/ Q Did you believe it, or have that opinion, even if 3
2 you didn't know it for a fact?
3 A. Yes, sir, it could have been.
4 G Was there a perception that you were aware of 5 anong other employees on the site that Mr. Parks' allegations 6 in his affidavit about Mr. Kunder were irresponsible? Did 7 other employees feel that, if you know?
g MR. JOHNSON: Could we be a little bit more specific 9 about the employees that you are talking about?
! jo MR. HICKEY: Yes.
l l 11 BY MR. HICKEY:
1 12 G Were you aware of any other employees who felt 1
t
,,)
13 that Mr. Parks' allegations about Mr. Kunder were irresponsible?
1 1 14 A. No, sir.
1 16 Was the subject of Mr. Parks' affidavit and his 0
l l
16 allegations about Mr. Kunder one that you think would have l
1 17 affected Mr. Parks' ability to work on the 2sland with his 18 colleagues if he had returned?
19 A. Yes, sir, it very well could have been.
20 You said that you had some information about Ted Q
1 21 Reckart when he left the island, going to work for Quiltec; is 22 that right? f 1
l "1 A. Yes, sir, I believe so.
l h
W 24 0 Uhere did you get that information?
25 A. I don't know.
1 l
COMMONWE ALTH REPORTING COMPANY (717)761-7150 l
_ - - - - J
! I 59 38 ,
/
~
1 G Did you talk to Pr. Reckart about' wiere ae was i
2 going to work? ,
t a i' . It is possibic.
4 G Do you have act recollect.on? ?
6 A. No, sir, I dor'*t. 2 i
s G Do you recall :Ir. Reckartstatingthathewasgoingl 7 to work for a chemical company in Texas? l 8 A. Yes, sir. .s vaguely renienber that.
9 0 But yo" knew Lhni was not correct; is that what i
10 you're saying? j 11 A. I kriieve so; yes, sir.
12 0 You said you had strong suspicions'from the begin-(.
,i i 1, 1:1 ninc tr.at Mr. King was involved with Quiltec; 17 thati right?
14 A. Yes, sir.
' I' Did you ever ask Er. K';ng abcut his involve:'ent G
16 with Ouiltec?
q 17 A. No, sir, I don't believe so.
18 Did he ever -- did Mr Ki',g ever effer to you any G
19 information about til C.:iltec activities?
20 A. I doo't'~ recall any; no, sir.
21 g You were' asked abott your appointment by 22 Mr. Chwast./k as Mr. Parks't representative on the TfG on March j ; ' ~
21 ) 17 fo:: polar crane purposca.
24 Had you known Mr. Chwast' . for a good while?
l v,
A. Yes, sir.
e l
a i
( h COMMONFi AL1H REPORT",NG COMPANY (717)761-7150
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< .1 j9 do 0 Would you describe Mr. Chwastyk as someone with
) 1 whom you had a friendly relationship?
l A. Yes, sir, 1 3 .
t !
O. What war, Mr. Chwastyk's relationship with Mr. Parks, i'f you know? 1 5 .3
(;
A. At that time Joe was acting site ops director, which would have been Rick's boss, 7
g Q. And was he friendly with Mr. Parks, as best as you -
f can tell?
9 's A. To the best of my knowledge, yes.
10 i g G. Did you feel, when you were appointed to the TWG, 12 that there were any limitations on your ability or authority
,a I
\-] 33 to raise questions about the polar crane procedures?
14 A. No, sir, g, O. You cald that you had a friendly relationship with 16 Mr. Parks also; is that right?
i 17 o A. Yes, sir. i j
4 18 0 And have you continued to be in touch with l
j9 Mr. Parks in the years since March of 1983 whe:' he lef t )1 1
20 Three Mile Islard?
3 1
2i A. Yes, sir. 1 l
I 22 Q. Can you P. ell me about how recently you have been l 33 in touch with Mr. Parkn? ;
24 A. Sometime in the last three months, I would say.
pr, 0 By telephone or in person?
COMMONWEALTH REPORTING COMPANY (717)761 7150
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I jl0 I (i 61 o >
l pm 3 A. Telephone.
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v y G Is your relationship with him still friendly, I 3
take it?
4 A. Yes, sir.
5 G Were you aware, Mr. Marshall, of an incident where 6 Mr. Parks was reported to have made a threat to physically 7 assault Mr. Kunder around Christmas of 1982?
3 A I heard about that.
9 ,
O Did you hear about it from Mr. Parks?
3 io A. I don't remember.
ji G Do you recall where you heard about it?
12 A. No, sir.
~~"'/
13 G Were you present when any threat was made?
M A. No, sir.
15 MR. IIICKEY : I don't believe I have any further 16 questions. Thank you.
17 MR. RICIIARDSON : I have just two or three.
18 CROSS-EXAMINATION 19 BY MR. RICHARDSON:
20 0 Mr. Marshall, after you first became aware that 21 you had been appointed to be the primary representative of 22 site operations on the TWG, did anyone ever indicate to you 23 that you should not advocate any particular points of view 24 conjerning the polar crane?
1 25 A. No, sir.
I 1
jll 62 Did anyone ever indicate to you that you should 1
3 G 2 not pursue or raise any particular issues concerning the polar i
l 3
crane? l l
l 4 A. No, sir. I 5 G Did you have some discussions with Joe Chwastyk l
e, concerning the polar crane back in the period of February and l
7 March of 1983? I g A. I don't recall any; no, sir.
9 G Can I ask you: do you recall whether at any time l
I go Mr. Chwastyk ever indicated to you that he, that is Mr. )
1 l
11 Chwastyk, had changed any of his views or opinions concerning l l
12 the polar crane? I 13 A. No, sir. l l
1 14 G Isn't it fair to say that Mr. Parks was a personal l
I 15 friend of Mr. Chwastyk, as well as yourself? l l
i 16 A I would judge that; yes.
)
i 17 MR. RICHARDSON: I've got nothing else. l l
18 MR. JOHNSON: I would like to follow up a little bit. l I
19 REDIRECT EXAMINATION l 1
20 BY MR. JOHNSON:
21 G First, on the last series of questions, did you 22 feel that the concerns that Mr. Parks had raised concerning l 23 the polar crane in February had been resolved by the time that 24 you were appointed site operations director and representative 25 on TWG?
COMMONWEALTH REPORTING COMPANY (717)761 7150
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'^s i MR. RICHARDSON: Objection. That question has already
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v 2 been answered. Are you seeking an answer beyond what he has 3 already testified to?
4 MR. JOHNSON: Well, I have a follow-up question.
5 BY MR. JOHNSON:
6 0 You previously I think said that you felt that 7 they were resolved.
8 A. Right; yes, sir. Basically, the major issues had 9 been resolved.
10 0 At that time, around the 17th of March, at the 11 time you were appointed, did Mr. Parks indicate to you that he 12 felt that they were not resolved?
('~' )
13 A. No, sir, I don't believe he did.
14 MR. HICKEY: Did he indicate any way?
15 THE WITNESS: I believe there was one outstanding issue 16 which had to do with the format of it, not being in the test 17 format, I uhink. I believe that was the only thing.
18 BY MR. JOHNSON:
19 And he indicated that to you?
G 20 A. Yes, I believe so.
21 Getting back to Mr. Hickey's questions, after this G
22 incident where you had a conversation with Mr. Parks in which 23 he mentioned about going to the "Paxton Herald," did, in -
24 fact, to your knowledge, Mr. Parks go to the "Paxton Herald"? ,
5 A. Not to my knowledge; no, sir. l COMMONWEALTH REPORTING COMPANY (717)761-7150
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t jl3 64 g 1 MR. HICKEY: You mean other than the press conference 2 he held on March 23?
3 BY MR. JOHNSON:
i What was the time frame of this conversation, I 4 0 Yes.
5 December of '82, about the "Paxton Herald"? l 6 A. Yes; somewhere around there. l 7 G To your knowledge, -- l l
8 MR. IIICKEY : Could I ask, do you have some basis for 9 suggesting December of '82 to the witness?
10 MR. JOHNSON: That is my best recollection of the time 11 frame of it, just having read the transcripts before.
12 THE WITNESS: Sometime in that time frame.
O 13 BY MR. JOHNSON:
14 Did Mr. Parks continue to satisfactorily function O
15 in his site operations function relating to the PORC and 16 Mr. Kunder after these conversations that you had with him 17 about the "Paxton Herald"?
18 A. Yes, sir. l 19 MR. GEPHART: I just have a question on that.
20 You indicated, did he continue a satisfactory relation-21 ship with PORC and Mr. Kunder?
22 MR. JOHNSON: Yes.
l 23 MR. GEPHART: I don't think there is any basis to say )
0 24 that the relationship up to that point had been satisfactory I
1 20 with PORC and Mr. Kunder.
COMMONWE ALTH REPORTING COMPANY (717)761 7150
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,s MR. JOHNSON: I had asked previous questions that he
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had satisfactorily performed his work, and he did say yes, and that was part of Mr. Parks' work, was review functions and to relate to Mr. Kunder. And the premise of Mr. Hickey's 4
question was that in getting reviews by PORC and Mr. Kunder, 5
that there was some friction, and his reaction to that 6
friction. So I thought that was the premise that was agreed 7
g to. But we can go back and talk about it.
g BY MR. JOHNSON:
g O Uhat I really was trying to ask you was: notwith-g standing the fact that he expressed these frustrations to 33 you -- and I am talking about Mr. Parks -- he did continue to C 13 work with Mr. Kunder?
14 A. Yes, sir.
15 0 To the extent that you told Mr. Hickey that you 16 felt that the way in which Mr. -- I think Mr. Hickey asked 17 you and you indicated that you felt that the affidavit con-is cerns of Dr. Parks could have affected Mr. Parks' ability to 19 perform effectively on the island if he had returned.
20 Is that more or less a -- is that a speculation on your 21 part?
22 A. Certainly.
23 MR. HICKEY: I think it is an unfair way to put the 24 question. I asked him about whether he had discussions about 25 that, and there were numerous questions from both of you about l
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l 'N 1 Mr. Marshall's ability to assess how other people felt about LJ 2 things, including the site operations department. So it was 3 Speculation in the sense that yes, he didn't know for sure how 4 people would respond if he returned.
5 I didn't object, and I take it that you felt that your
(; question to him about how he would respond, how Mr. Marshall 7 would respond, presumably has some speculation in it also g since Mr. Parks didn't return.
9 MR. RICHARDSON: May I ask you, Mr. Marshall, that m speculation, as you put it, was that based on --
11 MR. HICKEY: No; it was Mr. Johnson.
12 MR. RICHARDSON: Mr. Johnson.
- I 13 -- but that opinion, was that based on your observa-14 tions of what people were saying at that time?
15 THE WITNESS: I guess it would be based on something.
Ifi BY MR. JOHNSON:
17 Q. But with respect to Mr. Parks and yourself, you 18 continued --
19 A. I think that I could still work with Rick.
20 .N R . JOHNSON: I have no further questions. Thank you 21 very much.
22 MR. HICKEY: Thank you, Mr. Marshall.
23 (Witness excused.) l 24 (Whereupon, at 11:05 a.m., the deposition was 25 concluded.)
{
COMMONWEALTH REPORTING COMPANY (717)761-7150 1
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67 16- CERTIFICATE OF DEPONENT
,,_ 1
( 2 I, Walter Joseph Marshall, have read this transcript of
~~
1 l- 3 my. deposition taken on Wednesday, January 14, 1987, and with 4 the exception of the corrections noted, if any, find it-to be 5 a true and accurate record of my testimony.
6 l
l 8 0h MQD .
Date WalkerJosephMarshall l 10 11 12 f 13 14 15 -
16 Signed, this / 7 day of ((/[9[// ,1987
/
17 18 19 [, 6 // h ,
8//c//
20 Notary Public 1
1 21 Municipality: a* namer u. staca norm mm EID0iUUWE 8080. DAUFINN COUNM R CORWitt195 (IPitES WARCN 20,199 22 I!y commission expires: NW. PW Ano&h ef Rehe l-23 24 1 .>O 25 l
l COMMONWEALTH REPORTING COMPANY (7171761 7150 I
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PROPOSED TRANSCRIPT CORRECTIONS 4
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l PAGE LINE PRESENTLY READS SHOULD READ 1 slo c o R Rwtatc>a _,
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67
-3 jl6 1 CERTIFICATE OF DEPONENT
~, J 2 I, Walter Joseph Marshall, have read this transcript of 3 my deposition taken on Wednesday, January 14, 1987, and with 4 the exception of the corrections noted, if any, find it to be 5 a true and accurate record of my testimony.
6 7
8 Date Walter Joseph Marshall g
10 11
/^)
i N/ 33 14 15 16 Signed, this day of _, 1987 f
1 n 18
) 19 1
l 20 Notary Public l
21 Municipality:
l 22 fly commission expires:
23 l
lll 24 25 COMMONWEALTH REPORTING COMPANY (717)761-7150 1
68 jl7 1 CERTIFICATE OF NOTARY REPORTER 2 I hereby certify, as the Notary Reporter, that 3 the foregoing proceedings were taken stenographically by me, 4 and thereafter reduced to typewriting by re or under my 5 direction; that this transcript is a true and accurate I
6 record to the best of my ability; that the witness whose 7 testimony appears in the foregoina pages was duly sworn by l 8 me; that I am neither counsel for, related to, nor employed i
9 by any of the parties to the action in which this deposition 10 was taken; and further, that I an act a re2ative or erployee 11 of any attorney or counsel emp.loyed by the parties hereto, l')
~
nor financially or otherwise interested in the outcore of I3 the action.
14 COMMONFEAL'"I! REPOR'"IMG COMPANY , INC.
15 16 Ey: ( //k // ')g it ?
j.
II Judith A. Tobernan Notary Public in and for the 18 Commonwealth of Pennsylvania Cumberland County, Pennsylvania My commission expires: April 27, 1987 21 22 23 24 25 COMMONWE ALTH REPORTING COMPANY (717)761-7150
1 68 i - jl7 l ) 1 CERTIFICATE OF MOTARY REPORTER 2 I hereby certify, as the Notary Reporter, that 3 the foregoing proceedings were taken stenographically by me, 4 and thereafter reduced to typewriting by re or under ny 5 direction; that this transcript is a true and accurate 6 record to the best of my ability; that the witness whose 7 testinony appears in the foregoina pages was duly sworn by 8 me; that I am neither counsel for, related to, nor employed 9 by any of the parties to the action in which this deposition 10 was taken; and further, that I am not a relative or orployee 11 of any attorney or counsel erp.loyed by the parties hereto, 19 l
^) nor financially or otherwise interested in the outcore of
~
(,J 13 the action.
14 COMMONFEAL"'I? REPOR"'IMG COFIPANY , INC.
15
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N Ey: i // dl /b [ f /' t 's/ b u! A 7",.-
17 Judith A. Tobernan Notary Public in and for the
- Conronwealth of Pennsylvania Cumberland County, Pennsylvania My cormission expires: Apri) 27, 1987 21 22 l
- I 23 )
e 2.
1 25 l (717)761-7150 I COMMONWE ALTH REPORTING COMPANY
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