ML20238C632
| ML20238C632 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 02/10/1987 |
| From: | Kobi M BECHTEL GROUP, INC. |
| To: | |
| Shared Package | |
| ML20238C505 | List:
|
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8712310122 | |
| Download: ML20238C632 (141) | |
Text
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+I UNITED STATES OF AMERICA \,) NUCLEAR REGULATORY COMMISSION ,
i In the Matter of : Docket No. 50-320 GPU Muclear Corporation : (Civil Penalty) (Three Mile Island Duclear : License No. DPR-73 Station, Unit No. 2) : EA-84-137
-_________________-_________-x
--=-_ ==_-_------_--- . .----------------------------------.
t Testimony of MARK KOBI < l TAKEN: 100 Brown Street February 10, 1987 Middletown, Pennsylvania 10:00 a.m. IT IS HEREBY STIPULATED by and between the attorneys for the respective parties that all' objections, except as { to the form of the question, shall be reserved to the time l l of trial. l l I l l i i MONICK STC110 GRAPHIC SERVICC, INC. j 1413 Old Mill Road i Hyomicsing, Pennsylvania 19610 l; (215) 375-3931 c's ] (_/' Gwen A. Leary, Reporter 1 1 8712310122 871209 PDR ADOCK05000gO
l
- APPEARANCES :
.f) h TIIELEU, MARRIN, JO!mSON & DRIDGES ~ Attorney for GPUN One Kaiser-Plaza, Suite 1950 :]
j
' Oakland,-California 94612 BY: JENNIFER A. KUENSTER, ESO. .l l
SHAM, PITTMAN, POTTS & TROE7 BRIDGE- Attorney for GPUN-
.2300 N Street, N. W.
Washington, D.C. 20037 BY: J. PATRICK .HICI'EY,. P. C. )j I Office of General Counsel for ' the Attorney for NRC. p NRC Staff M.S. 9604 MNEB j
'U.S. NRC Uachington, D.C. 20555 DY: G EORG E E. JOHNSON, ESQ.
DY: CHARLES A. B ARTII, . ESO . j i 1 B D I. 3 212BEED EEbD1Db31DE DX EbDE Hark Kobi Mr. Johnson 3 ! 11r . Hickey 118
!!r. Johnson 135' l E.5B1D132 I
EDD1 DESSBJET1DD EbD3 O 1 naaewrittea noteo s7
3 l l 1 PDDSEEDJDSD O 2 Uh33_f93J, having first been duly sworn 3 by Gwen A. Leary, Notary Public, was examined and ) l l 4 testified as follows: 5 l 6 EXAMINATION BY MR. JOHNSON: 2 7 0 I am George Johnson. I am with the 8 NRC. I am counsel for the NRC in the enforcement 9 action which is being litigated concerning 10 violations of 10 CPR 50.7 concerned with 11 allegations made by Richard Parks in 1983 l l 12 concerning discrimination against him for raising ! I h 13 safety concerns regarding the polar crane and I 14 related matters. l 15 With me is fi r . Charles Barth, also with l l 16 the U.S. NRC. 1 17 Mr. Hickey, please state your names for 1 18 the record. i 1 19 MD. H I C I: E Y : I am Patrick Hickey, 20 counsel for GPUN. 21 MS. EUENSTEP: I am Jennifer Kuenster, 22 also counsel for GPUN. l 23 MR. J O H N S O ll : Do you also personally 24 represent Mr. Kobi? 25 MS. KUENSTEn: Yes. _- _ _ _ _ _ _ _ _ _ _ - _ _ _ - - _ _ . _ _ _ _ - _ _ _ . _ l
+ , ,
4 1 BY MR. JOHNSON: JO-2 0 Would you state your full'name and j 3 addresa for the record? 4- A Mark John Kobi, 9530 Southwect 148 l 5 Place, Miami, 'Fl o r i d a , 33196. 6 0 Who.is your current employer? 7 A Bechtel Eastern Power Corporation. j 8 0 What do you do-now with Bechtel? l 9 A I am a project licensing engineer for 10 the Turkey Point Nuclear' project' in Florida. 11 Q Project director licensing engineer at 12 the Turkey Point? () 13 A Scratch director, just license engineer. 14 0 What kind of work do you do at-Turkey-s 15 Point? 16 A Bechtel is involved in back-fit 17 modifications at Turkey Point and has been for a 18 number of years. 19 I review those modifications from a 20 regulatory standpoint and demonstrate their j 21 acceptability from an overall licensing L 22 standpoint. 23 0 Are you then generally familiar with the 24 technical specifications that govern the operation { 25 of Turkey Point? l __-_a
'j
'n 5
s
'l A Yes.
p e 2 Q Are you also familiar with the NRC 3' requirements, regulatory guides that apply? 4 A 'Y e s '. ') Il 5 0 When did you first.come t o.. w o r k . f o r. ;
'6. ..'B e c h t e l , ..e i t h e r as Bechtel North American Power.
7 Company'or Bechtel Eastern?
'8 A. I began with Bechtel as a.co-op 'in- H 9 college.in 1977. I was hired on with.Bechtel on a .;
10 full-time permanent basis in J u l y.. o f ' 19 8 0 ._ My i 11 first assignment being here at TMI. 12 0 'You were site liaison for engineering h 13 when you first came to TMI?. 14 A That is correct.
'15 0 What did that job' consist of?
1 { 16' 'A. It consisted of. interfacing between the- .l
.. 17 site engineering organization, which. existed at 1
-l 18 the' site at that time, 'and our Gaithersburg home 19 office engineering organization and making sure l- 20 that designs being issued out of Gaithersburg were I
y 21 processed and adequately coordinated through the
- 1. ]i l' 22 site-review process. I 23 I basically provided that suppo r t .' ]
24 Q Was it plant-wide for Unit 2 or -- I
-25 assume it was with Unit 2? l
i 6 I 1 A It was Unit 2, yes. l 2 O Mas it all systems or a particular q 3 system? 4 A Particular systems under Bechtel's scope
'5 o f- responsibility.
6' Q- What were.they? 7 A I can name.a few. I don't recall. SDS. i' 8 0 okay. . 9_ A Process water storage, tank system. 10
~
Those are the only ones that I can. recall right i
- 11 now..
12 Q Do you recall when you began working on ()- 13 the SDS interface? i ) ' 14 A No, I don't. l 15 0 Was it sometime in 1981 or 1982? Do you 16 recall generally? l 17 A SDS was a major undertaking for the ! 18 project at the time, not only Dechtel but GPUN as 19 well. If I recall correctly, I think that SDS was 1 20 well underway even before my arrival. l 21 I would have assumed some I l 22 responsibilities in coordinating what our home l l l 23 office was doing either when I arrived or shortly 24 after my arrival on that assignment. 25 0 when did you first meet or come into I l 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ . . _ _ . _ _ _ _ _ . _ . . _ _ _ _ _ . _ . _ _ J
1 L 7 l: L 2 A I don t h y e exact'date, but I i 3 believe that it was during the time. frame or ' 4 immediately prior to when the effort for the. Quick l i 5 Look inspection was in progress. 6 0 What was your role in the Quick 1Look? ( 7 A I was still involved as site' liaison; 1 i, ! l' 8 however, a dedicated' task group of-engineers had 9- been established on the site under Bob Rider's 10 direction to accomplish Quick Look. 11 From time to time, people within the i 12 liaison organization were called for assistance to ( (). 13 help in accomplishing Quick'Look, generating core i 14 construction. 15- Q Core construction procedures? 16 A Procedures, acquiring materials to 17 accomplish the' actual inspection. 10 Q Did you have any role in one that has jl 19 come up in this context, CDPI? I think it was 20 I J 20 Did you have a role in that? 21 A I am not sure what that is. 22- Q I believe CDPI-20 was the general unit l L 23 work construction package under which a lot of the 24 polar crane modifications were accomplished. 25 A I was involved in its existence, but I L
s 8'
.v 1- wasn't~ involved it its preparation. I knew of it.
2 Q Did you work'under it? i I 3- .A ~ I worked under it, yes.
~
4' O .And your liaison func' tion was a liaison 5 . function bet ~ ween Bechtel- Site Engineering people: l 6 and the Gaithersburg office?. i
'7 A The Gaithersburg Office'and the Site 8 Engineering organization which existed o f- B e c h t e 1~,-
i 9 GPU, and other contract-type' people. 10 0: It was not a liaison between. Site ! 3' l 11 Engineering and' Site Operations? 12 A That is correct. f
-) -(). 13 0 .What was Richard Parks doing at the time i
14 that you were working with the Quick Look?. What'
' 15 was he doing?
16 A I believe, and this is to the best of my 17 recollection, that Rick wa s : involved in the 18 procedural aspects of Quick'Look; writing and 19 coordinating the approval of the procedures that L 20 were necessary to accomplish the Ouick Look i 21 inspection, and specifically procedures for 22 existing plant systems and how those systems had 23 to be maintained and operated in order to 24 accomplish the Quick Look program, t~ 25 0 And modified, too? r I'
t 9 1 . A 'I don't know'that. 2 Q Mr. Parks was a Bechtel' employee at the'
'3; time that' you; met.hin, I think?
4- A I believe so, yes, L 5 0 . Was your contact with him in'this. l l 6 connection with'the Qui,ck'Look on a day-to-day 7~ basis?
'8 A Frequently during the' course of a week.
9 Q Did'there come a time'when you finished 1
.10 with'the Quick Look. process and you saw less or j j
-11 more of Rick Parks?
12 A Yes, f( ) 13 Q Could you describe that?. L ~ 14 A After the Quick Look inspection, the-
]
)
l 15 organization that had accomplished the inspection ] 1 i 16 under Bob nider's directions basically changed. 1 17 They were given, apparently, a slightly different
- 18. charter now that Quick Look war over. ,
)
I 19 The. group took on a different makeup. 20 Ne lost the procedural aspects that the group once 21 had responsibility for. Along uith that change in 22- charter, there was a change in the staffing and 23 makeup of the organization. 24 As a result of that change, I believe 25 t h a't Rick Parks and other people supporting the i 1
10 1 procedural aspects of the group were transferred p
;V 2 or made part of other organizations at t h e 1 s.i t e 3 who'did have procedural responsibilities.
4 Q. I s' it possible that at that time it was 5 roughly around the time of the reorganization 6 around September 1, 1982, -i n which Parks was 7 assigned, I believe, to Site Operations? 8 A That1 is correct. 9 0 What ~ was your function around that time 10 in the' reorganization environment starting 11 September 1, 1982? 12 A I remained with the organization that ()_ 13 had basically accomplished the Quick Look, the 14 group referred to as Reactor Disassembling
-15 Defueling. And as part of that group, I was 16 referred to and known as a shift / task supervisor.
17 Q What did that mean? 18 A Basically what that meant was that there 19 were specific tasks or activities that were 20 required to support reactor defueling that I would 1 I 21 be responsible for the overseeing and 22 implementation.of those tasks. 23 Q Did the polar crane come into any of 24 those tasks? 1
)
L 25 A 11 0 t my specific task, did not. l
11 1 0 ~Once you assumed this role, did you l
'2 . cease to.have day-to-day contact.with Richard 3 Parks?
4 A The' contacts became less frequent. 5 0 What was the nature of those contacts at a 6 that time? 7 A. Well, when-you'say'"that' time" -- 8 0 Starting with'your reassignment. Well, 1 J 9 you stayed with the same. task force,. as you 10 described it, that had been working on the Quick 11- Look. You stayed with that group? l l' 12- A Yes. () 13 Q Parks became a part of Site Operations 14- and assigned to Site Operations and assigned to 15 other work and you.had less. contact with him? 16 A That's true. ; 17 0 I suppose this was during the fall of 18 1982. That is the period I.am asking you about. 19 A The contacts would have been -- the p 20 contacts that I remember were mostly professional I' l 21 contacts'in nature about things that I was doing 1 22 as part of the recovery program that he may have 23 been reviewing because as his function in Site 24 Operations. He may have had review responsibility 25 for some of those activities. i
l 12 I o , L 1 So there was some coordination there to (~) -
.2 resolve comments, get his input on things that I 3 'was responsible for. 4 4 Q Did that involve things like under the
'5 process of the Head Lift Task Force?
6' A- Yes.
'7 Q But you weren't involved particularly 8 with the polar crane, either the creation or.the 9 procedure or any of the testing or work pursuant {
l 4 10 to.the work packages for.the polar crane? 11 A Correct. I was not involved. j 12 O It seems to me during either the
.t() 13 December or January time frame, one of the matters 14 that came up had to do with --
under the Head Lift 15 Task Force work, entry procedures, containment 16 entry procedures. 17 Did you have anything to do with those? 18 A I worked with containment entry 19 procedures and was familiar with the process. 20 I was required, because of my function, 21 to abide by and work with the containment entry 22 program in order to.see that tasks and activities 23 that I was responsible for under RD&D were 24 imp 1emented. 25 Q Did you become aware of commenta about
b I i 13 l l' the adequacy or inadequacy of the' containment 2 entry procedures on the part of Site Operations 3 people at1that time? ) 4' A Yes, I was. 1 1 3 -Q What kind of contacts did you have? ; l ' l
.6 A .One contact.that I recall was Rick Parks i
l 7 approaching me and : indicating that.' Site l 8 operations, and perhaps he, were experiencing some ] 9 difficulty in having-the task that they were 10 ' responsible for performed in containment because 11' of difficulties that they were having in 12 . understanding or being able to follow the j
)' 1-3 containment entry program.
14 Q Did you work with him at trying'to 15 resolve these? What was your function? 16 A I gave him advice and guidance as'to 1 17 what I thought could be done or should be done for ! l '8 - Site Operations to have more success in that area. 19 Basically what I mean by that is I was 20 very familiar with the process, what it took to
.21 get work accomplished inside containment. And I 22- basically reviewed that process with Rick and j 23 said, "This is what you have to d' o . And if you do 24 t h i s ,. it will happen."
25 Q What was his reaction to that?
! = (,
- 14 o
l l1 A !!e seemed to be appreciative and likely , 2 to attempt it. ] 3 0 Did he use your advice? i 4 A Prom indications I saw in subsequent 5 weeks, progress of schedules, the fact that site 6 Operations had things on the containment entry 7 schedule program that were progressing towards an 8 actual entry, I was under.the impression that Site { 9 Operations was, in fact, working with the system, 4 l 10 working with the program, and having success in l 11 becoming familiar with it and actually beginning 12' to work with the system.
'( 13 0 During this period of time,_which I 14 believe would have been approximately January
) 15 1983, what other contacts did you have with 16 Richard Parks? i 17 A I don't know. 18 0 Did you have any social contacts with 19 him? i 20 A We had social contacts. I am not sure j 21 if those contacts took place specifically in 22 Januury '83, but there were several social 23 contacts that we had over the period of our I 24 working together. 25 0 Could you describe them in some more l
15
- 1. detail?
~
L 2 .A ' Dinner occasionally. We lived lin the 3 .same. community, Pineford.in Middletown, and we. 4 were only several buildings away. 5 I believe we celebrated the holidays 6 together that year. 7 Q You mean '82 '837 8 A' The Christmas holiday, y e s ,- the.end of
-9 '82. Hy-wife, I'think, baby-sat for his kids once 10 or twice.
11 0 And during the new year, did you L 12 continue to have those kinds of contacts? h 13 .A I believe'so. . 14 0 could you describe your relationship 15 with Mr. Parks as.of the time he -- first of all, 16 did you'become aware'at sometime that M r '. Parks 17 raised a comment for solution; that is, safety 18 concerns: of his that he'had on the polar crane 19 test procedure in mid Pobruary of '83? 20 A No, I did not know that. 21 0 As part of this comment, Mr. Parks 22 raised concerns about.whether Administrative 23 Procedure 1047, which had to do with testing, and 24 Administrative Procedure 1043, which had to do 25 with plant modifications, were being complied with
.e 2 e r
' j 1 16 I' I in c o n'h e c t i o n with / che polar crane load test' i
1 () 2 procedure. j
^-
I 3 Did you become aware t h a t. Mr. Parks was e s P 4 raising those concerns? V ' l I h l 5 A Become aware when? 'i
'j' v:
- l 6 O At the time Mr. Parks was r a i's i n g them, 7 say, P c'b r u a r y 1983?
1 8 A I don't believe so. I fon't believe I 9 was aware of thot. ,
'(' i:
.)
J 10 0 Ucre you aw n e that chere was fore , L' .I ' y 3 l 11 controversy between Fi r . King and somenoi!her people 12 on the rita and people in -- you were familiar O 23 with nr. xine, Larry = ins, who was deca of site 14 operations? 4 15 A I knew of h i m ,. yes;. , 16 0 Here' you aware t h a t' M r . '.f i n g and77:hers ' 27 in Site Operationn, including M r .' ' Pa r k s , v e r ;,s j s 18 expressing concerns about the way in which the 19 Head Lift Task Force was operrying? t i 1 20 A I was aware of croblems with t h e ,,h e a d - N 21 lift program in general. I was not aware of Who f 22 the individuals were or specifically w ti c t the 23 problems were. 24 The reason I say that is my office, the 25 deck where I worked, was imnehiately our'hid* oI , 1 Vs
,7 :,- -
r
-Hy?
. %. 4-
,i-9-
f///, 17-p S;. o 4
. . . .1 th:e! room'where-the-head.-lift' meetings were held on -
i o: , 2 y afregu)ar' bas's. i
+
'th ey ' t e n d e d .t o\ li d r a, t h e r vocal l 13 ' -te e tiifg s , so orie could\ tell t h e r re w a c ' l o t s of 4- I 3 controversy. V
<f4 F f o m - t h o r e . ?m e e t i n g s , d A d f y o r.
}Ot '
become 5
,b s s ,
0 w,a . 6- aware of1Hr. Parkgf/db1M in those meetings?- - l 4 p
'7 A I saw that R'ick attended'the m e e tti ri g a . -
t .if t t, 8 !ppecifical,1y!what his rol'ewd,s,{I wasn't aware of.'- s a' (
)
i 9 that.
,i
)
10 4 ' gg You.didn't .sttend them? ,- 4 t :,
- i. 3 t
y l 11 - A' 'I did not. I ,, Tk ' k 12 3= s 0 Did you'ever overhear Mr. Parks' d l , h 13 comd4nts? I' 3
'14 A No, I didn't. 'O
- q) 1s 1
-15 0 Didhou discuss with any of.the Y -
16 - employees in your area or people wblo attended the a .1, ;
'q 17 meetings what his c.omments.were?, ,
g 1
'g V f) 18 4A No, I did not. , ,
4 , s <,x.;3 3 -
- h. 19' O Did Mr. Parks d e s c r i b r: !to you
/t 20 c o n t e m p o r a n e c u t;1y with these meetings'anything L
1 L 21' that had transpired at these meetings? r , 22 A e In the February time frame, no, h e, .V jj 23 didn d t.'t 24- Q You sairi that you lived near him. Did LO. r I 25 you ever commute uith him? l
~
l e7 - )
. 4 N- - - - -
_____.._.___._________________.;_____.. ___________j
n.x ,. . { % ?[' " u y q. 18 i
.. 1" A Once perhaps, but it-was very .]
~
2- infrequently if we h a d .. l, 3 0
. When did you first become aware that M r .=
] 1 y.
4 .]-. Parks had concerns'of;a safety nature.on the' polar 1
! w I,, e g5
! ,:j, 5' crane and similar' matters? -l
.- p Oyj (ixa ;f n- It was the.tiarch 10, let's take a w al k l
'7 ' encounter. j v
c's ! y Op 0 What'is the~"let'c' take a walk i
.I i 9 encounter"? j 10 A Specifically,. what would you like to .
't]!
, i 11 know?
4 1 3 12 0 , Could you describe what you meant by '2
;th .
13' - "let's take a walk encounter"? I t, . a.3 10Mu h A,' I was working at the. time at my desk and S- . ,
)
15 ill;s ek walked into,my area'and said, "Do you have a !
>~y 16 minutq? .Let's.take'a walk." It was a' quiet sort 17 ofislow day and I said, "Yes, sure."
18 We took a walk and he proceeded to 1.9 explain to me 'conce rns he was having in getting-20 ..is) comments associated with the polar crane load 21 test and the q u a l'i f i c a t i o n testing of the crane 22 adequately resolved. 23 e Q Did he mention administrative procedures j
, : ,i 'd
{ A6 (to you?
, t 25' A I believe he did, 1043 and 1047.
1 ip , f .i i 'I -
-= in l
I GCf . ,
" ________________________.____.__.___________________._____.__.___.__o
19 1 0 Did he say that he was not satisfied at 2 that time with the recolution of his comments on 1 3 that? 4 A I believe so, yes. l l ' l 5 0 Can you describe any other details of l 6 that conversation about what he told you about his 7 commentc? 8 A I believe he had a number of technical ' 9 concerns, as well, about specific modifications I 10 that were made to the crane, in addition to this 11 programmatic 1043, 1047 issue. 12 O Did you know anything about those () 13 matters that he was describing? 14 A No, I didn't. 15 nell, I know that they were in the ccope 16 of the polar crane recovery program. Just looking 17 at a containment entry schedule, a schedule for 18 the recovery program, one could see that various 19 things were being done to the cranc. 20 So when nick cpoke to me about concerne 21 that he had about the technical changen that had l 1 l 22 been made to the crane, I wac familiar in general l - l 23 with what the changes were. l l 24 0 Did you express to him a view about the 25 validity of his claimc? l 1
1 20' 1- A. I . cm not sure what you mean. rl} -
- 2. -Q Did.you express a view-about whether his 3 concerne that he mentioned to you about the 4 procedure and this following the --
the polar 5 crane procedure and other technical matters and 6 the compliance with the administrative procedures, 7- did you express any view as to whether.you thought 8 he had valid concerns? l 9 MR. II I C K E Y : You'are asking a general 10 question, I think, about whether there was.an j 11 expression of opinion on the totality of Rick 12 Parks' concerns.
'( ) 13 The witness had indicated that Parks i
14 addressed a number. of different concerns. 15' BY ?!R . J O ll M S O N : l l 16 0 First of all, did you express any l l 17 opinion about the administrative concerns that'he ! 18 had? ; l
-1 9 A I believe that I told him that I felt 20 his concerns to be reasonabic; although I myself 21 wasn't completely familiar with the programmatic 22 process that he was having problems with.
23 I told him that I believed his concerns 24 to be reasonable, although I myself was not as 25 familiar with the procecs, AP 1043 or 1047 as he
21 1 1 was. () 2 So basically I said yes, but qualified l 3 that yes to say I am not as familiar with these 4 issues as you are. l 5 0 Where did you walk on this occasion? 6 A We walked to the cooling towers on the 7 back side of Unit 2 and went incide the cooling 8 towers, I believe. It is pretty scenic inside 9 there. 10 0 Did he bring any materialc with him? -- l 11 A Mo, he did not. 12 Did you bring any materials? ' 0 () 13 A No, I did not. 14 0 Did you express any position or opinion 15 concerning the technical matters that he brought 16 up? 17 A I am not sure what you are asking me in 18 that line of questioning. 19 0 You mentioned that he had several 20 technical concerns about the way in which the 21 modification was done on the polar crane, or maybe 22 you are referring to other matters, I am not sure, 23 in addition to the administrative program -- 24 administrative procedure. 25 You talked about program requirements.
22 1 Did you express an. opinion about those?
- ) 2 A I believe I did. And that opinion was 1
l 3 basically the same as the first one. l 4 It sounded as if he had reasonable i 5 concerns; but I myself was not too familiar with 6 the actual process that had been used to modify l l 7 the crane and what was used to demonstrate the i I 8 technical acceptability of those changes. 9 Q Did you give him any advice concerning i 10 those matters? l 11 A Yes, I did. That advice was basically j 12 to attempt to work with the existing organization (( ) 13 and through established channels to' get his l 14 concerns resolved.
'15 I told him that one of the things I had j
-l 16' always seen in my association with Bechtel was the j 17 willingness of the organization in general to work l 18 with an individual to do what was aver necessary l 19 to see that an individual's concerns were resolved 20 to his satisfaction.
21 I stressed and emphasized with Rick that 22 he attempt to do that with these particular 23 issues. And if he couldn't get adequate i 24 satisfaction from the person he immediately 25 reported to, to go to the person above him and J i l l
b 23 1 . continue to do that until he got adequate LQ~ L 2. satisfaction. L 3 ' O -What was his reaction to your advice? 4 A. He seemed to be appreciative.andia 5- little bit more reassured.that-he had an avenue of 6 approach.to have his concerns resolved. 7 Q Did he express to you a feeling that he 8- was isolated? 9 A- No, did.he not. 10: 0 What-I mean by that is, did he discuss 11- the removal from the site of Larry. King with you? 12 A 'I don't recall. I don't recall.that-1( 13 coming up in the discussion. It-may have been, 6
-14 Ibut[at this point, I don't recall.
15 Q Did he mention to you that Mr. King.had-16 a meeting with Mr. Arnold the day'before? 17 A I don't recall. 18 Q- Did the subject of Quiltec come up in 19 your March 10 walk? 20 A I don't believe so. 21 0 Uhat other matters besides the technical !
- 22. comments and the administrative comments and your 23 advice to him and his reaction came up in this 24 . walk / talk?
25 A Those are all that I can remember at
24 1 this point. 2 0 Did Mr. Parks tell you thatt he felt 3 under some pressure with regard to those comments? 4 A Mr. Parks explained to me that he was 5 having difficulty in getting his comments 6 resolved. 7 0 Did he describe to you several meetings 8 that he had been in in which he was having that 9 difficulty? 10 A I believe he explained to me a working 11 level meeting he had with !!i k e Radbill at one time 12 to resolve the comments and that that meeting did () 13 not end up to his satisfaction. 14 Q Did he describe to you the rejection of 15 his comments by Mr. Radbill? 16 A I believe that was the bottom line on 17 that meeting, that Mike Radbill just refused to 18 consider his comments. 19 Q Did he express to you anything 20 concerning the role of Il r . Chwastyk in supporting 21 his position on those? 22 A I don't recall. ! 23 0 During the course of the conversation, 24 did Mr. Parks expresc some anxiety concerning a 25 possibility that Bechtel might seek to transfer
l p 25 I him?- 2 A No, he'did'not. 7 i i -
.3- Q Did Mr. Parks relate to you information-L '
q 4 about'hisEremoval from, at'first being the i 5 ' alternate representative of the start-up and test' 6 l department on the test working. route,.and 7 subsequently being appointed to.be the site 8 ' Operations primary representative on the test 9 working group? 10 A I~had heard indications of that as being 11 a possibility. ! 12 0 But not from him? I L() 13 A I am not sure. And I am not sure if it l 1 14 came.up in'the March 10 conversation. !
)
15 Q Did you see any of the paperwork j i 16 concerning the matters.that h .e was relating to.you 17 about his comments?
)
18 A Mo, I did not. l 19- 0 Did you have any familiarity at that h '20 time, at the time of the meeting, with the l 21 operations of the test working group? l 22 A Ho. j 23 0 Were you aware that it had met recently? j
; 24 A' I was aware of the existence of such a L 25 group but not familiar with their charter or I 1 l
1 4 L 1
. n 26 1:- . method of operating. I o ~2 Q Did you --
3 MR. HICKEY: 'I am not sure'if you l 4 answered his question. He asked were.you aware. 5 .that he had met 'r e c e n tly ? 6 THE WITNESS: No,.I wasn't. 7 BY M R - J O H 11S ON : 8 0 .Did you speak-with Edward Kitler on a 9 regular basic in this time f r a m e.; January, 10 February, March '837 11 A I.believe I did. Specifically a date, :I 12 ~ don't r e c a l l'. () 13 0 Regularly or just once or twice? 14 A Just in' passing. If we saw each other,. 15 and-if w 'e were in shouting distance, 16 0 You didn't have day-to-day contact with 9 17 him? 18 A That is correct. L l 19 0 Did you have social. contact with him? 20 A I did not. ) 21 0 Did you have any kind of contact-with 22 Tom !! orris? 23 A Yes, I worked with Tom Morris, 24 0 And what was your relationship with Tom 25 Morris?
27 1 A Tom wa s my supervisor. () 2 0 In your conversations with Morris, dia 3 Morris bring up problems he may have had with the 4 meetings of the Head Lift Task Force, with 5 specific reference to !! r . Parks? i 6 A On one occasion that I can recall after L 7 a head lift meeting. 8 0 Could you describe that conversation? 9 A Tom came out of the meeting room and
. r 10 turned to me and basically said, "What is with 11 this Parks guy?"
l 12 I never gave him an answer and he never () 13 waited around for one. That was all that he ever 14 said. 15 0 Was that one of the meetings that you 16 had heard the screaming or the yelling or whatever 17 it was that you heard? 18 A Yes, I believe so. 19 0 How would you characterize what you 20 heard that particular day, or overheard? 21 A Just a loud, noisy meeting. 22 Q Did you overhear Morris's voice during 23 the meeting? 24 A I heard Tom lic t r i s ' s voice, but I don't 25 recall specifically what he coid.
28 l
-1 0 11e w'as. chairman of.that task force. Is f:- '2 that correct?
p '
.i '
l' 3 .A I don't'know. 4 O When he-came out of-that meeting, did-5 you have any other conversation with him other 6 than him-saying, "What .is.with this Parks fellow?" 7 A That's all that I can recall. I 8 0 Did you ever have any contact with a man 9 named Richard Sieglitz? 10 A I knew of Dick Sieglitz and. worked with 11 him on very few occasions in a professional l
- 12. capacity. I l
O 13 0 1 don't rece11 specifica11v, but was he l 14 ,with GPU Mucl'ar? 15 A I believe. 16 Q Did you have any conversation with Mr. 17 Sieglitz during the same' period of time that'you 18 mentioned you had heard this comment from Mr. 19 Morris? 20 A ti o , I didn't. 21 0 Did anyone else after that meeting have 7 ; 22 occasion, that we are talking about when Mr. ; 23 Morris came out and made that comment to you, have ! 24 occasion to discuss that meeting with you? 25 A No, they did not. I
P' <. l 1 'I 2 9'
)
1 . 0: Would you; place that meeting lin: ]
'2 approximately January'1983? '
h] l 3 '- 'A I can't say. ]
- 1 4 Q What would be your best estimate?
5 MS. 'KUENSTER: Don't guess.
- 6. .THE HITNESS: I really. don't know. . It jI
- l
~
7 was;before Rick went public. ) i I i 8 BY MR.' JOHNSON: !
=9 -Q Before the March 10 meeting that'you had L
i 10 with him? 11 A I am not sure, but it in'possible. 1 j 12 Q- During that time frame that Mr. Morris
]
() 13 expressed his question'or comment about Mr. 14 Parks -- I am just trying to place it in time, .n o t- H l 15 ~ characterize-the comment. 16 Did you have any other conversations l-
'17 with any of the people you worked with concerning l i L l 18 Mr. Parks, and particularly Mr. Parks' behavior a t- i 1
19 these meetings? 20 A No, I didn't. 2.1 0 During the period before you had this i 22 walk'with Mr. Parks on March 10, had you heard any j 23 rumor concerning Mr. Parks on the site? I 24 A Ho, I had not. j 25- 0 And you said that Mr. Parks did not,
30 1 during this conversation', express'to you an L"D lt 2- opinion'that he might'be transferred-by nechtel 3 off site? 4 A l[ believe he did:not. That is' correct. 1 5 0 But you are not'sure; he might have? - i 6 A I' don't think he did. I would remember 7 that, and I don't. I don't believe-he ever , I 8 brought that incue up. ] 9 0 Did he say anything to'you about going 1 10' l to the NRC? l 11 MS. KDENSTER: ' During the March-10 l l 12 conversation?- ()- 13 MR. JOHNSON: During this walk / talk'. 14- THE WITNESS: I don't think so, but'he 15 may have suggested a need to consider that. 16 (Brief recess from the record.) 17 BY MR. JOHMSON: 18 Q I am going.to show you a~ page from Mr. \ 19 Parks' March 21, 1983, affidavit. I would like ). 20 you to read it. It is page 46 21 (Handing to witness.) 22- I am sorry. There is come preliminary 23 material. I am sorry. Start here at "When I 24 arrived." 25 A Okay.
31 i l 1 Q Do you recall talking to Mr. Morris LO 2 concerning the subject of the'first paragraph that 3 you read from on page 46 about Mr. Morris advising 4 Mr. Parks that he should be counseled for his 5 attitude? 6 MR. HICKEY: Your question is whether he 7 recalls discussing it with fi r . Morris? 8 MR. JOHNSON: Yes. 9 THE WITUDSS: No, I don't. 10 BY MR. JOHUSON: 11 0 Do you recall Mr. Parks raising that 12 subject with you? () 13 A I don't remember. I don't recall having 14 that discussion. 15 0 Mr. Parks says here that you advised him 16 to stay on the job and do it right. 17 Do you remember at any time stating such 18 an opinion to Mr. Parks? 19 A Yes, I do. l 20 0 Do you remember when that was? l l 21 A The first time I can recall having a 1 22 discussion along those lines with Rick wan when 23 Rick was a candidate to work in the Site 24 Operations organization. 25 Both Rick and myself, and I believe
32 l i
.1 there may_have.been'one'other' individual, were O 2 possible candidates to go work with Larry' King in 3 the' Site' operations to provide that organization 4 some support.
5 I told' Rick at that time that Bechtel 6- needed people like him to work'with GPU. Nuclear' to l 7- show GPU that we'were qualified and had capable 8 people and we knew what we are doing. ;That was R
- 9. the first. time.
10 Sometime after that I reaffirmed.the i j 11 needEfor Rick to hang in there and show-GPU the-1.
-12 Bechtel way, that.we were capable of doing.this.
()l 13 type'of. work.
-14 When we had that second conversation, I
-15 don't r e c a l l'.
16 0 So you think or you thought at that i 17 time, and I presume that you.think.now, that : 18 Bechtel is a competent organization with competent 19 people. And you felt at that time that fi r . Parks 20 was one of those people. Is that correct? l 21 A Yes. 22 Q Do you think it is likely that if Mr. ) l l L 23 Parks related to you that Mr. Morris had said q 24 something about Mr. Parks hcving a bad attitude or 25 displaying a bad attitude, that you would have 1 I _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - )
t / 33- ! 4
~
l 1, told.Rickithat "We haveto show'nechtel to' be a i l/ L'L(f i , 2 cooperative-or competent group"?. 3 MS. KU E N S T ER': I haveito object to that :
-l 4, question because it asks him',to speculate. 1 5 THE WITNESS: I s o'r t of lost the whole l 1
6 line of questioning here. i 7 BY MR. JOHNSON: i 8- 0 Does this sound, this next sentence', "At.
- l. 9 the time Mark advised that I was professional'ly-10 respected and was inee ded to help' establish GPU 11 staff confidence inLBechtel e m p 1' o y c e s , " that'is bl i
, 12 another way of characterizing,'I think, what you
() ' 13 just had related to me'that you told him but you I 14 just- can't, remember when it was? 1 15 A That is correct. I 16 Q And'the same t h'i n g with the next 17 sentence. "He had added that Dechtel needed my , l 10- experience and I would be evaluated on my work and l 19 not whether I was well liked." 20 Is that true, that that is a way of I
- 21 characterizing what that discussion was about that j l
22- you had told him? 23 .A That is correct. , l 24 0 When you had the conversation with Mr. 25 Parks on the 10th of March, did that indicate to i,iiiisi-
-iy ir - ir,
34-1 you that Mr.' Parks had trust in you? 2 ;A' You are asking me for an opinion?' l 1 3- Q Yes. 4 A I believe Rick trusted me. Now, whether 8' S or not. the March 10 walk was a reflection-of tPat, 6 I don't know, but I believe he trus'ted me. 7 0 If you go on to1the next paragraph, it- ,
.l 8 starts with "On !!a r c h 10," it says, "I'went over 9' t h ^c whole story of recent events with Mr. Kobi, 10 including the threats and intimidation tactics."
- 1 1- And he goes on, "I asked him how to get 12 in touch with senior Bechtel management i n' u
() 13 Gaithersburg to discuss these issues." 14 Now, you have said to me before the 15' short break that you don't recall him discussing 16 threats or intimidation tactics. Is that correct? ; 17 Is that your testimony? i 10 A I don't recall issues of concern that i 19 Rick may have had beyond the polar crane having 20 come up in the March 10 conversation. F 21 I recall him expressing to me some j
\
22 concerns beyond the area of the polar crane; but I i 23 do not specifically recall them coming up in the l l I 24 March 10 meeting, or whether or not they came up
~
25 in personal contacts.
+ 1
-1 35 i
1 0 In-those other contacts that you just 2~ referred to, is it possible.or do you' recollect 3 !! r . Parks talking about threats and intimidation ) 4 tactics? 5 A In-one contact, and I don'tLrecall when J l 6 it was, whether it was March 10~ or a personal 7 contact. I remember Rick explained to me a ] l ! l 8 situation that had occurred with his wife or girl
.9 friend who worked in a l o c a l' establishment i 1
10 having -- j l 11 MR. HICKEY: What kind of establishment? 12 THE W I T11 ES S : A night club, I guess, or j i () 13 restaurant. 14 And the fact that his girl friend had l 15 been terminated for allegedly stealing.come l 16 property and that Rick felt for some reason or q 17 another that there was a company affiliation 18 there; that there was an issue bigger than her 19 just being let go for stealing; that was'the l 20 actual result of her termination, l I 21 BY MR. J O H ilS Oll : 22 0 And he expressed an opinion to you that ) 23 he believed it had to do with him? j L : 24 A Yes. l 25 0 I don't understand what connection he
hk 36. J
.1 - may'have drawn.
-[
~
.2 -A I believe, and I woul.d-have to'-- my 3 r e c o l l e c t'i o n. on ~this is not crystal clear, is'that 4 Rick believed that there were individuals or an 5'- individual who was-in control.or ownershi~p'of th?
6- establishment'that had ties with upper GPU j
.7 management, and that the reason she was: let go was 8 not for steal'ing but for a' w a y. for GPU1to possibly -l
'l 9 get back at him.for concerns he may have been l 10 expressing. l 11 Q Did he tell you who that person was? !
12 A- I.believe,. and.I am not'certain o f- t h i s',- I l
. () 13 but I believe John Barton's'name came up.. Either r
14 John,Barton had a wife, daughter, sister or ]
'15 somebody that was either in ownership or control ,j 16 of that establishment. )
l 17 0 Mr.~ Parks said that Mr. Barton had- i 1 18 expressed some kind of. adverse opinion about Mr. 19 Parks or was out to get Mr. Parks in some way? l l 20 A No, I don't think he did say that. l 1 21 0 was it an inference that you drew that 22 Mr. Barton had something against Mr. Parks? I ! 23 A I don't recall the exact words that Rick I t . ( 24 used. What I would be saying now would be
)
25 . subjective and my opinion, i
37 j l . 1 0 If you would, in your.own words, give ucc)1; f2- :your opinion abdut- what the relationship was. L i 3L MR. HICKEY: I~think, if I understand
-4 what he is asking, is what Rick-Parks implied o r. f 5 communicatedfto'you even though he'didn't say it
.i
~
6 in' direct or specific words, if you understood 7 Rick to be saying some'ning, c what it.was, i 8- THE WITNESS: My understanding was ~that 9 Rick was expressing concerns about polar crane 10 qualification. f 11 It was conceivable that these steps ; 12 outside of TMI were being taken against! him as a ( ): 13 way for GPU, perhaps John Barton, showing him that 14 that would not be tolerated. ] 15 BY MR. JOHNSON: 16 Q What did you say to Mr. Parks when he 17 said that? 1' 18 A I was supportive, but I was cautious not 1 L 19 to add fuel to the fire. l 20 What Rick was explaining to me sounded , i 21 pretty far-fetched, so I tended to be supportive L 22 on "What are you going to do?" or "Ic your girl 23 friend able to find other work?" "Did she really
- 24 steal something?" But I tried not to --
I tried 25 to calm him down. 3
1 i s 38 I i 1- .O You-didn't.have'any reason'to believe that
- - 2 i't' w a s true?
- 3. A No, I didn't.
4 0 Or. untrue. You just didn't know? !
.i 5 A. I didn't know.
6 ,0 Was.there any other. occasion beside's j 7 that -- let me ask you, uhat was the physical 8 c o n t e :: t in which these comments were made?- Were ; l i 9 they off site somewhere? ! 10 MR. II I C K E Y : I think he said he isn't , j 11 sure when they were made, possibly March 10 l 1
.1 2 . T!! E WITNESS: I can recall a number of i() 13 phone calls that Rick and I had~when I lived in j
14 Pineford that we had in the evenings. ') 15 DY MR. JOHNSON: 1 1 16 0 You think it was-in-that context? 17 A I think I recall this issue coming up in 18 a phone call, but I don't remember it coming up on 19 March 10, 20 0 Do you recall whether he asked you for .., 9 21 advice. You caid that you gave advice. Did he 22 ask for advice? 23 A On March 10? l 24 0 No, when he raised the subject of his j
'25 girl friend and the night club fire.
~,
L 39-
., 1 A I don't think he did.
- h. 22- 0- Was this before March.10,;as.far as you-3 know?.
'4 A .I don't recall. I. don't- remember.
5 0 Was it before you accompanied Mr. Parks 6 to a: meeting that he had with, I think, Mr. 7 Wheeler and Mr. Hoffman on. March 14? I i 8 A I don't remember. ; l
.9 ~Q Do you recall any other situations i n-
; I l 10 which Mr. Parks expressed to you.a belief that .
- )
11 threats or intimidation tactics were being used i 12 against him? () 13 A I believe there was an instance where 14 Rick expressed to me~some concern that he had 15 about driving to work by himself, that he was i 16 afraid that something would be planted in his-car,- 17 drugs, or alcohol, or firearms, and upon discovery. I la' that would have resulted in his terminationfrom 19 the site. 20 When that conversation took place, I am i
)
21 not sure, but I remember him expressing to me that 1 l 22- concern. 23 Q Mas that a comment that he made to you I 24 en the job or off the job? l 25 A I believe it was off the job. I believe l
- _ _ _ - - _ - __ -- -- o
~
40 _. l- -it was during)a conversation over the' phone one
); 4 ;
,2. e v e n i n'g .
3 Q After he said t h a t ,- did you in fact I 4 drive with him to work? 5 A Mo. . l 6- -Q What did you advise him or tell him when ; 4 7 he said that? 8 A I don't remember. l 9 Q Did.he-ever bring that cubject up again l 1 10' to y'o u , meaning having to do with his fear of 11- driving by himself? l'2 A I don't think-he did.
'() 13 Q Did he express similar kinds'of concerns 14 to you subsequently or before? l 15 A No, he did not.
16 Q- So he enumerated two thingo;so f a r ,- one 1 17 relating to the girl friend incident and the one ' 18 about the c a r.. l l 19 Prior to the time that you accompanied 1 20 him to the meeting with Mr. Wheeler and Mr. j l 21 fl o f f m a n , can you recollect any conversation where 22 the concern of threats or intimidation of Mr. 23 Parks came up? 24 A Mo, I can't. 25 Q Before that meeting on the 14th of
41 1 Marcht which you accompanied Mr.-Parks to'this
,]
2- meeting, did'you have any conversat. ions with any i 1
~'3' of your-Bechtel supervisors con'cerning Mr. Parks?
4 A: I don't remember.
~5 0 You said your supervisor was Mr. Morris?
1
~6- A- That is correct.
7= O Was he your administrative supervisor 8 for.Bechtel as well as your on-. site supervisor? 9 A He was.my on-site supervisor. When you
~
' 10 say " administrative supervisor,"-I-am not sure.
- 11' O Por example,. there was a Gaithersburg.
12 chain that.went down to Mr. Parks!.through Mr.
.h 13 Wheeler to Mr..Kitler, and performance e v al u a t i o n s' h l'4 were done through that chain, notwithstanding the
- l' 5 . fact that Mr. Parks was assigned to Larry King and 16 his. organization.
17 Did you have a-similar dual line of .l l 18 command? 19 A Yes. 20 0 Can you describe what the Bechtel'line 21 of command was?
. 22 A In my particular case?
23 O Por you, yes. 24 A Good question. I cither reported ; 25 through Tom Morris administratively or through
42 1 Rich Gallagher. It'was not clear to me then and 2 it is.not clear'to me today what that actual 3- command, chain of. command was.
.4 Q: Who did your actual performance 5 evaluation? I 6 A Paul Bengal did one. And prior to that,. ,
i L 7 I believe Tom' Morris did one. L-l 8' Q During the period we are talking about, . L l o . 9 winter 1982-83 and March '83, who was doing'your 1 10 performance evaluation for that period? 11 A I believe it was Morris. 12 0 Who did Mr. Morris report to? I ). 13 A Either Bob Metzger -- it would be Bob 14, Metzger.
.15 0 He was a Bechtel employee?
16 A Yes. 17l 'O But he was also working on-site? 18 A That is correct. 19 0 Do you know who Mr. Metzger reported 20 to? 21 A Jim Thiesing or Ron Freemerman. 22 0 Picking up fron there, it goes up. I 23 think Mr. Thiesing then reported to somebody off l 24 site, Mr. Bloomer. Does that cound right? 25 A I am not sure. L
4 3~ 1 Q Do you recall anything else about that O- 2- -Ma r ch 10. walk with Mr. Parks that you haven't'gone q
- 3. Over so'far?-
?
4 A No, I don't. 5 0 Do you recall how it terminated?' s 6 A We walked-back to the gener.al' area of. 7 our offices and Rick appeared to be a'little bit j 8 more comfortable, reassured, and had expressed to l l 9 m'e an interest-in following through on the
- 10. suggestions and1the advice I had given him. q i I l 1-1 0 So you weren't surprised. And those I '
l 12 suggestions were to follow the chain of command I (). 113 and raise his concerns internally? 14 A That is. correct. 15 0 At that time did you know anything about 16 Dechtel's audit of Quiltec matters? 17 A No, I did not. 18 0 How did you come to attend that meeting 19 with Mr. Parks and Mr. Wheeler and so on? 20 A- I was invited. 21 0 By whom? Who invited you?
'22 A Dy the notes, it appears that Rick Parks 23 requested my presence.
24 Uho actually called me -- I was working 25 on my desk at the time. Either a secretary from
a
) '
l 7 , i 44 e> ; 1 the administration building ca led me and"caid 2 there was a meeting in progress auJ I was asked t ol " 3 attend or I wac given a meccage by o u 'r c6cgetary F 4 to attend thic meeting. t
?
5 0 Prom come notec here that. I have that 6 were supplied to me in diccovery, .d appearc 7 that -- not your notes, apparent 1v, but it appearc s p 8 that next to your name tc a telephone e x t e .is' i oi.
,s 'r 9 And it appears that scmebody called yUu. ,
7
/ >
10 A Yes. , 11 Q Do you remember h r .; nool .f.f t e r y o t; b/ r o 12 called that you went to the neet aa? t lh 13 A I went almoct immediately. 14 0 Do you recall when that;was? 15 A I believe it was in the late morning or 16 early afternoon. , t 17 Q Uhere was the meeting? , N , i 1 10 A It wac in an cifico or s ma 1{ c o (j ? e r e n c e 19 room on the second floor of the administration ,.,, 20 building. . k 21 O Is that the green b u i l d'i n g; , 22 A Do, it ic the <'encreteI Luilding that was 23 on the couth end of the is]and. 4 3
) i 24 0 Uac it a Drivate room? s 25 A It was a private room or someone's 1
\ s
t// .
.. .m
< -?.
0 ]. .g-h l, , y { 45' 1. office.. ,I.can't r e c a l.1 . ~OI L2. ~Q' Do you recall speaking.;to anybody ' y
- 3. ' concerning!--' >'
s F f. t-4 :/ yy
.,x 7, ,
4 HK.L ,111 C K E Y : . 'What d o y c e. me tin ' !fyy ' f, 3
.5: " private' room"? is
, n. -. . 4
'6 MR. JOHMSON: It. was c l o s e d , .t n: w h i"c h e ,
-. < t 3 7. .
17 l -the conversation was'not able to be ovscnea't),.(by',y ,,. i 8 other: peopic.
' . . ' , :[
-3 t
r ; TII'E.. WITNESS: ~ jI t was a closed room with' 9 I 10 , a door. ' ' 11 BY MR. JOHNSOM: '-
.i 12- 0 .And t h e. door was cl ose d ' du r ing the Lh 1~3' meeting?
4 [ j [
.j i
L 14 A That is correct. ,, - f s , ' _;. , i 15 'O Did anybody indicate to you before yQt 'l o e 16 entered the room why you were being called or what t 17 was going on? 1 18 A I believe Rick met me outside the' room ' r 19 and explained to me very briefly. in a matter Af
'i .
l 20' two or three minutes what was going to trant$ ire.
+ \
21 Q What did41le tell yout ) 22 A He indicated to me that th e r e was a 23 gentleman, h i ri boss, Andy I"peelet, and rn'other , 24 gentleman from the West Coast, San Francisco, w h'o,J't i. c ; 25 wanted to talk to him about job shop activities o ff,1, ; q;
,y j si L .--E.-
Y -
L 46 1- 'th e East Coast. 2 And he felt uncomfortable on a 3 two-on-one situation and would like to know if I 4 woa? d sit in on it to be an impartial witness. 3 Did he tell you anything about the 0 f subject of the interview? 7 A Just that it was to discuss job shopping E' activities on the East Coast. I 9 Q Did he tell you before you vent in that 10 he felt there was an investigation of him going 11 on? 12 A Mo, he didn't. rm () 13 g
//
0 You executed an affidavit on September 14- l, 28, 1934, in Florida City, Florida, Paragraph / of l 15 which says, "At the time of the meeting, I felt i 16 that Mr. Parks was being investigated, but I did ) 17 not belicve that he was being set up." j 1 18 Can you review that? j ( 19 A Yes. 20 0 Ac what point in time did you come to l l l 21 believe that Mr. Parks was being investigated? ! l 22 A t' hon the questioning that Mr. Hoffman i i 23 was going over with Mr. Parks began to center on r 24 and then concentrate on the issue of quiltec.
'-m]/
25 Once that line of questioning began, the ;
47
.. I meeting from!Mr. Hoffman's standpointicentered 2- exclusi.vely on that issue.
3- 0 How 1'ong after you got there-did'it take 4' .before,that happened? 52 A About five to ton minutes before we-got 6 to the 'ssue i of Ouiltec.
-7 0 And'for how long.did the subject of-8 Quiltec become' the-focus?
9 A It ic not-real clear, but I.would say on. 10 the order of a h a l f- hour we continued to l11 concentrate on the issue of'Ouiltec.
- 12. O Did'anything else come up after that h 13- came up?
14 A There was -- at 'one point in the meeting 15 Rick basically stopped the line of questioning ! 1 16 that Mr. Hoffman was pursuing and wanted.to raise. 17 his concerns about the polar crane and problems he 18 was experiencing in getting his comments resolved. 19 That issue came up, yes. i' 20 0 Did you bring any materials with you to I. 21 the deposition today?
"22 A No, I did not.
- 23. Q Did !! r . Hickey provid2 you with a copy l 24 of the notice?
25 A Yes.
40
. 1 !! S . KUENSTER: When you say " notice," n
[
~
2- - are you' referring to Notice of Depos,ition? j 3 'MR. J O ll N S O N : Th'e. N o t i c e of Deposition.- 3 l 4 MS. KUENSTER: Actually, I.provided him I 5 with the copy I received from Mr. Hickey. q 1 L 6 BY.MR. JOHNSON: ! l d i J 7 -Q Did you note there was a request'to 8 . bring any related documents concerning Mr. Parks
'9 in your possession?. ]
10 A' Yes, I did. 11 11 R . HICKEY: That'had not been produced. 12 previously, I think is what the nctice says.
'h 13 BY NR. J O!! N S O N :
1 14 0 Did you have any documents that were ] 1 15 responsive? 16 A I have not been able to locate 'a n y .
- 17. Q Did you take notes at that meeting?
.1 I
18 A Yes, I did. 19 0 To whom did you give the notes, or did 20 you retain the notes personally? l1 21 A I don't remember what I did with the [ 22 notes. 23 0 On what medium did you take the notes? 24 Did you take it on a pad? 25 A I believe it was loose-leaf paper.
.4 J 5 1
49: !! 1 .Q Did you make any copies of those. notes? 2- A I believe.I.either made copies ori copies
'3 were made, yes'.
l ..
]
4' LQ Who would have made copies?. 5 MS. EUEUSTER: If you know. l
'6 T!!E WITNESS: I believe I provided,a l L 7 copy of those notes to either Bechtel-management l l l p.
0 'or GPU management. 'l
?
9 BY MR. : J OHNSON : i i i 10 0 Do you remember to whom,.what. person you j 71 1 11 gave'them to? l l 12 A Well.after the series of events.there- 1 () 13 was a meeting that I can recall between myself and j i b 14 a lawyer type. And I believe I provided a copy, of 15 those notes to that individual, j 16 0 Uhere was the meeting held? 17 A It ~ was on-site in the office complex, 18 the trailer c o m pl e:: just south of the j i 19 administration building. 20 Q Has it with a man?
- 21. A Yes, it was.
22 Q Does the name Kennedy Richardson ring a 23 bell? 24 A Mo, it doecn't. I 25 0 You don't recall the name of the man you !
- _ _ _ _ - - _ - _ _ _ _ _ _ _ _ _ - - _ _ _ - - _ _ _ _ _ _ _ _ . - _ . ._ . .l
9 50 1 spoke to? i 0;- 2- A No, I d o n.' t . 3 0 Was it shortly after the meeting.of' 4 fia r ch 14? 1 1 l: 5 A No, it wasn't. 1 1 1 6' , Q Do you recall whether it was'in ]
- l. '
7 connection with an investigat' ion that Bechtel 'l l l 8 lawyers.were doing for some reason? 9 A I don't remember. 10 Q Do you recall'what use-was made.of those 11- notes? ! 12 A Mo, I don't. l 1 0 13 ri s . r o ens r cR : 1 em soins to obs e ct. to. 14 the question a little late here, but you haven't 15 laid'any foundation that he knowc what happened t o. ; 16 the notes. i 17 11 R . HICKEY: I don't mean to interrupt 18 you, but the notes have been produced, j 1 19 fir . JOHUSON: Yes, I know. 20 BY li R . JOHNSON: l 21- 0 I am going to show you something, some ! 22 notec. It is 11 pages of handwritten materials. I 1
^
23 Are these the notes that you prepared 24 when you were at that meeting? 25 (Handing.) l l
b r L
*2 51--
1-' 'A- Yes.
~
21 Q- .T h e s e , I believe, became part of the
~
3 files of the Department of Labor compliance
'4 ' officer who looked into th'e - Pa r ks ' ~ all eg a t i on s of 5- d i c c r i m'i n a t i o n .
{
.6 .Do you know how or under what ,..
1
.7 circumstances they came to be part of the DOL
.8 file?
- 9. A- No, Ifdon't?
10 O Were you aware that they were part of 11 the DOL file? 12 A No.
]) 13 MR. HICKEY: Do you recall'whether you 14 gave a copy to Mr. Parks?
15 THE UITNESS: No, I don't believe I did. 16 BY MR. JOHNSON: 17 0 Have you had occasion to review t h e~ s e i 18 notes prior to the deposition recently? ] 19 A Excuse me. Let me back up. I correct 20 my previous statement.
. 21 - I believe after the meeting with Hoffman !
22 that I did provide a copy to Mr. Parks. Yes, I 23 believe I did. I believe he asked and I gave him l 24- a copy. 25 I'm sorry, your question? l l
t 52 E l BY MR, J 011 N S ON : . 2 0 Was that when you were on your way out ; I of the meeting, did he ask you for a copy of.your 3
, 4 notes?
5 A 17 e ~ w a l k e d back towards the' green-
-{
6 ' building from the administration building, j 7' basicallyLtogether. And'when we got there, I am 8 pretty sure he asked me for a copy and I provided. j 9 it almost' immediately. 10: O What'did Mr. Parks say to you on y_ o u r 11 way back to the green building? 12 A I ' don't recall specifically.- HeHasked-
. () '13 me what I thought. J 14- Q What did you say?
15 A I told him I was disappointed in the. l 16 line of questioning that Mr. Hoffman had used to i I 17 get to what he wanted to find out about; that on 10 balance, I think he did pretty well to maintain i I 19 h" i s composure. l I 20 At times nick got pretty emotional, j l 21 especially when he started to bring up -- I 22_ Q Who did well to maintain his composure, g 1 23 Mr. Parks? l i 24 A Yes. He came very close to getting very 25 upset; and after a period, he was able to regain
^
L l f 53 i P I I c o m p o s u' r e . The meet'ing ended on at .very cordial-1:). 2 note. t { 3 .And I basically commended _him for'the 4 _ a b i'1 'i t y -t o d o. that because he was. visibly-upset at L 5' one time. 1 6 0' can you describe what that incident. was? ] 1 7- Why did he become physically upset?- j
'1 8 A Mr. Hoffman was proceeding with:a line 9 of questioning on Quiltec. And it was.getting' q l
'10 into a' detailed nature to the point he wanted to 11 know'how ~many Xerox' copies Riddle had made of the i
12 resumes that she h&d-prepared. ) (() 13 And it appeared that Rick was getting l 14 very frustrated at the level of detail and the 15 continuing line of questioning that.Hoffman was 16 pursuing, although it was professional 17 questioning, and basically just interpreted and 18 said, "I don't want to talk about it anymore. ) a
.19 Here is what I want to tell you." l 20 He proceeded to bring up the safety 21 concerns that he had, which are documented in my 22 notes. When he did that, I think he was all 23 right.
24 But it was apparent that Mr. Hoffman 25 wasn't interested. I think he even told Rick l l 1
-1
t-5 4. 1J that,- that' that.was not his purpose for being 2 there. 'If' Rick had those' concerns,; those~would
'1 3 have to be the-subject of another m e e tii n g or he
.4. would~have to find someone else to talk to. '
4 i
-5 'And at that point Rick b'e c a m e upset and 6 it'showed. i
'7 Q Did Mr. Hoffman conduct t h e . i n t e r v i e w ?..- .j E 8 A Yes, h e' did,
'9 0 Did he make clear what the purpose of
-10 the meeting was?
11 A Yes, he did. 12 0 What did he say?
-O 13 l A When I arrived he explained to me and 14 Rick that the~ reason he was there and the purpose j
15- oflthe meeting was that Bechtel was interested in - 16 understanding the-~ job shopping activities that 17 existed and were occurring on the East Coast, - 18 because historically and at the time nechtel was
.12 -
19 losing a considerable amount of work to such . 1 1 20 activities. ) i 21 And having understood that Rick, because ] l 22 'of his previous experience had been associated I . 1 1 '1 23 with concerns like that, they wanted to meet with 1 24 him and discuss what he knew about them and the 25 workings of the job shop activities on the East
55 l u
- 1. Coast so Bechtel could better position themselves Q '2-to comp'ete with organizations like that. l 3 Q. And that was the purpose that he stated j 4 at the beginning of the meeting?
5 A =That is correct. 6 0 Atfthe beginning of the meeting, did Mr. 7 Hoffman indicate or did Mr. Wheeler . indicate.that 8 an allegation had been made that a General Public l 9 Utility employee had a financial interest in a job 10 shop called Quiltec? I 11 A Mo, he'did not. ; i
'12 'O Did he mention there had been an ! .O 13 e11esetion concernine nichard varas ee someone who !
I 14 had been involved with such a group called 15 Q u il te c ? 16 A No. 17 0 Did he mention anything concerning a 18 secretary called nose Riddle and her involvement 19- with Quiltec? 20 A No, he did not. 21 Q How did th'e subject of Mr. Parks' i 1 22 involvement with Quiltec first arise in the i 23 interview? ! 24 A I believe the notes taken on the subject 25 are fairly clear in that area.
i 56 a l' (Handing notes to witness.) 2 In general, the line of questioning Mr. 3 Ho'ffman was pursuing was, "What job shopping. 4 act'ivities are-you awarc of, Mr. Parks, that exist 5 on th e -- Ea s t Coast?" .And Rick named off several.. 6 Mr. Hoffman pursued that line'of 7 questioning to say, "Are you aware of any others 8 other'than the ones you just mentioned who are 9 pursuing work in this part of the country?" And 10 one of the' companies that Rick mentioned was. 11 Quiltec. 12 And~from that point. on, the line of
- h. -13 questioning from Mr. Hoffman was almost 14 exclusively centered on what Rick knew of-Quiltec..
15 Q Did-the subject of typing resumes come 16 up then? 17 A It came up, yes. 18 0 W h o' raised that? 19 A Mr. Hoffman. l 20 0 How did he raise that, do you recall? ! i 2 '1 If you don't recall specifically -- 22 A I think this is a pretty accurate 23 record.. f. H1CKEY: 24 MR. I would .like to stipulate, 25 when the original is returned with the witness's ] _ _ _ - _ _ _ _ - _ _ _ _ - _ _ _ - . - . \
t ! 57 1 signature to !! r . Johnson for filing with the 2 Court, that he would attach to the original the 3 best copy available of these 11 pages of notes. l \ 4 That would be agreeable, l l JOHNSON: Why don't we copy this 5 MR. , 1 6 today and put it in now and replace it later with 7 a better copy? I l 8 II R .- HICKEY: Yes, I 9 MR JOHNSON: He will call this Kobi 10 Deposition Exhibit 1. 31 (Exhibit 1, Handwritten notes, marked 12 for Identification.) () 13 ME. HICEEY: My copy is about the same 14 quality as Mr. Johnson's copy. And there are 15 areas on various pages where it is not possible to 1 16 read for certain all of the words written there. I 17 So if you, fi r . Kobi, see things where j 18 you can't make out what the notes indicate and j j 19 that is the subject matter that Mr. Johnson is ! 20 asking you about or appears to be, you should 21 indicate that. ! 22 Because if it is significant, we can i 23 obtain a copy that will be as clear as possible so 24 you can perhaps supplement your answer if you need O I 25 to. 1 1
e 58 1 THE WITNESS: Okay.
'2
'BY MR. J 011 H S O N :
3 0 It seems that the subject comes up;on 4- pa_g e . 3 towards the bottom in which -- could you
.5 describe how these questions were being asked and 6 answered?
7 Was Mr. Hoffman asking Mr. Parks, "Do 8 y o u ' h a v.e .'a- f i n a n c i a l" 'i n t e r e 's t in.Quiltec?" and-Mr. 9' Parks saying, "No, 'I don't?" 10 'Was-that the way it was happening? 11 A Yes. l' f 12 -Q .Go' ahead. O 13 Ms. xosusreR: 1e there a euestion 14 pending? ( 15 UR. JOHNSON: No. l: i l
. 16 BY MR. JOHNSON:
17 0 Describe how this conversation was 18 going. 19 A Up here Mr. Hoffman is asking whether he j 20' knew-directly,of Larry King's accociation with 21 Quiltec. And Rick said, "Dased upon conversations 22 I may have had with Larry -- I am pretty sure he 23- did, but I couldn't- cwear to it under oath or s a y. I 24- I had any actual specific information to confirm 25- it.
59
.. 1 Then Mr. Hoffman asked Rick: 'if.he
- 2. himself had been part of Quiltec. A n'd Rick said 3 that "I have no financial, investment interest or 4 hadn't.~ received any' monies."
5 I think Mr. Hoffman asked him if he had' 6 ever provided any services'or helped support' 7 activities of Quiltec. Rick brought up the' time, 8' that one time Larry King had asked him if he could 9 have some typing services performed as-part'of 10 supporting Quiltec activities. And-Rick stated 11 that he probably could do that, utilizing some 12 contacts o n - s i't e . l () 13 fi r . Hoffman brought up, "Was.that 14 unusual for Larry to ask you t.o'do cemething like 15 that?" And Rick said that he didn't feel it was 16 out of.the ordinary because Rick and, Lurry dealt 17 on a~ daily basis and they were very comfortable in 18 that situation. 19 So Mr. Hoffman asked him to explain'more-20 about that encounter. Rick said that Larry had l 21 actually asked him into his office and reviewed l ! 22 with him what he wanted to have done. And Rick L 13-23- 'took the information and said he would get back to 24 him after he had a chance to find out if there was
-25 somebody available to do the typing.
i
60 i
, 1 -Q. It says " Rick-wouldn't div'ulge name."
-O 2 of the people.he felt could do it, lj
.A 1
Who?
.i 3 0 4 'A. Larry asked him, "Do you;know anybody
- l. 5 around.,here that we can.get to do this?"
6- Rick said, "Yes, --I think there may be ! 7 people." And he didn't~ mention any names. 8 O So what these notes recount,. a'. narrative l 9 that Parks.was giving or a question a'nd answer 10 back and forth between Hoffman and Parks? 11- A- I'believe it was question and answer. 12 And Rick b a's i ca ll y responded t h a't he i h- 13 indicated that he thought there were some girls
'14 available who could do the work without 15 specifically. mentioning any names. ]
16 MR. BICKEY: I don't understand what-you 17 are saying. 18 Are you saying that, in this meeting 19 with'Hoffman, Rick expressed a ow.that he l' 20 wouldn't- tell Larry King what the names of the -l 1 21 . people were who might do the typing; or is Rick 22- saying to Hoffman, I don't want to tell you the I }; L 23 names of who was going to do the typing or -l 24 something else? 25 He is telling Hoffman that THE WITNESS: l =l o
p l 61
.1- ~he di dn ':t l e t -La r ry King know the names of the. 'L O- 2 individuals that could do the typing because he 3 w a s n '.t- sure'who those individuals would be.
4 BY MR' . JOHNSON: 5 Q That makes sense because later he does 6 mention Rose Riddle's name. .Could y ou go on, 7 please? 8 A I believe Mr. Hoffman got into a' 91 .q'u.e s t i o n or line of questi~ons which--asked Mr. 10 Parks how he'made'that determination, who c o u l'd do 11 the typing, who he approached, where the contact-12 was made, how was the contact made? Was'it l (]) . 13 verbally over the phone or did you walk over there 14 and stand by her desk? Did you review it with her l 15 or did you do it outside of work at your home o r. j 16' her place?- , i
'l 17- And during that line of questioning, 18 Rick got into these responses that it was done at ;
1 19 the green building.
"I did it at her desk 20 verbally."
1 L 21 I believe Mr. Hoffman got into j 22 questioning about, "Did you~ offer to pay her for i q 23 ~it and what transpired there about the financial { i
)
24 aspects of how the typing would be paid for?" ! 25 Rick got into asking those questions. l 4
62'- 1 0 The questions you are pointing to1are l l O 12 " set her own price" and advised her that the 3 typing was for a friend? 4 A Right. i !!R . HICKEY: Does that note indicate l 6 that Parks was telling 11 r . Hoffman that he told i 7 Rose Riddle that the typing was being.done for a I 8 friend and did not identify Larry King as the 9 friend? 10 THE WITNESS: That is correct. ! ( 11 .BY MR. JOHNSON: 1 12 .0 Did Parks say that he knew what the I) 13 purpose of the typing was? 14 A I believe he did, yes. 15 0 Uhat does it mean here " assumed it was 16 Larry's typing since L. L. had requested it"? 17 Does that indicate that he assumed the 18 motive -- the person for whom the typing was done 19 was Larry since Larry gave him the work to do? 20 A That is correct. 21 O But does it also suggest that it may 22 have been for somebody else but you just didn't 23 know or he didn't know? l 24 A I think Rick is saying that. q 25 Q That he didn't know for sure? l 3
'* 1 i y.
- 63 1 1 A Larry asked him to have'it d o n'e .
(f 2 ~ (1
~
But whether. it was for Larry in the end, I J l ,3 he wasn't sure? j l 4 A At this' point in the process, .he may not 5 have been sure. 1 6 MR. HICKEY: Referring to this stage of. 7- the conversation? 8 THE WITNESS:- .Right. Later on, II think j
- 9. R i c k . t 'o o k the= opportunity to review the' typing and 10 what was contained in it. i,,
11- BY MR. JOHNSON: 12 O Was'it'at this point inothe~ interview () ~13 that it started getting very detailed, the 14' questioning became detailed? 15 A Yes. If you look ~ at this, .Mr. Hoffman 16 was. questioning how the typing was handed to.him j 17 and the size of the envelope that it was contained i 18 in and whether it was a stack of resumes or did i 19 they fit-in a pouch envelope. i 20 And it is all -- if you road Rick's 21, responses here, we are getting into paper, .s t o c k 22 may have been in an envelope, which suggested it 23- wasn't just a whole ream full of these things. 24 0 Did this seem odd to you at the time,
.Qg~.
25 the detail?
64
. 1 MS. KUENSTER: Did the questions'he was 2 asking?'
3 BY li R . JOHNSON: , e 4 Q Did the nature of the questions, the i' 5 detail, seem somewhat odd to you or'somewhat 6 unusual? Did it strike _you in come way? : 1 J
.7 A- I.was surprised at the level- of.the l
)
8 detail they were getting'into. ! 9- 0 Anything else? [ 10 A No. At' this point I was losing 11 i n t e r e s t'. ] b , { 12 0 .Did Parks.at any time during the ! i O 13 interview, was he esxea whether he hee ear other i 1 14 involvement with.Quiltec-other than these 15 typing -- having these resumes typed? j 16 A I believe he was. l 17 0 Did he respond? l l 18 A Yes. I think he indicated that he had .) l 19 not. 20 0 Had not? 21' A Had.any_other involvement or activities i 22 associated with Quiltec. i 23 0 Did it appear to you that the level of 24 detail was warranted by the information that Mr. 25 Parks was raising? In other words, did it appear
65 1 to you: that the -- let me start again. L) 14 '~ 2 At any point in this interview did the l j 3 subject of a directive of Be'chtel, I .think it was (L 4 ~Bechtel's directive 2-1, did it'ever come up?. p 5 A' No, it didn't. 6' O Were you aware of a: directive conflict-7 of interest called Bechtel 2-l? 8 MS. KUENSTER: At the time of'the J 9 meeting? p . . ! 10 MR. JOHNSON: At the time of the I 11 meeting. 12 THE-WITNESS: I was aware of a general R() 13 Bechtel policy which did'not allow-for conflict of 14 interest. 15 MR. HICKEY: I didn't hear you. 16 THE WITNESS: I was aware of a general 1 17 Bechtel policy that did not allow a conflict of 18 interest to exist.
-19 BY MR. JOHNSON:
20 0 During this interview, did you reach a l 21-- conclusion that that Bechtel directive was the 22 subject of this interview or interrogation? 23 MR. HICKEY: I think that is ambiguous 24 whether you are talking specifically'about 25 directive -- l
-_______J
66
'l THU WITNESS: The directive or the i'O-,
2 issue. . 3 BY MR. JOHNSON: 1. 4 Q Did.you make a connection at this
-5 interview between what was being described and .
l 6 what was being asked _and the Bechte11 policy?- 7 A- On ' conflict of interest? l 8 'Q Y e s .- .l 1 1 9 A Yes, absolutely. !
.l 10 0 At what. point did that or did you come 11 to make that connection?
. -f 12 A' Initially whea ?! r . Ilof f ma n be ga n the. 1
()- 13 line of' question'ing on Quiltec; and then because .] 14 of the level of detail he was getting into it and ] 35 wanting to know what other employees had been
.16 - associated with supporting activities associated 17 with Quiltec, specifically the level of detail as 18 far as what niddle did, it became clear to me that 19 conflict of interest is what they were interested i
-l
)
20 in getting to here. 21 0 Did Mr. Wheeler ask any questions? l
\
22' A I believe he did, but they occurred j 23 perhaps later in the meeting. 24 0 Uhen the subject of the safety concerns 25 came up? \
67 j s.
- l' A The safety concerns and the possibility !
'O '2 of setting up .a follow-up meeting in Gaithersburg 1
l 3 with ?! r . Sandford. 4 Q Mr. Sandford was not at this March 14 I l 5 meeting? l l l I l 6 A Correct. 1 l 7 Q Did at any. time Mr. Wheeler or 11 r . 1 8 Hoffman during this. interview or interrogation 9 raise the question of Mr. Parks' awareness of 10 Bechtel policy concerning conflict of interest? l 11 A I don't believe they did. 12 At one point Mr. Hoffman aske6 Mr. Parks h 13 what denominations he used to pay Rose Riddle, to 14- give you a feel of the level of detail. l l 15 Q Did that seem relevant to you, the 16 detail to the inquiry? 17 MS. Krl EN S T ER : Obj ection.. Speculation. 18 BY MR. JOHNSON: 19 0 On page 8 does it indicate that the 20 subject of the typing and Quiltec ended and some ! 21 other subject was discussed? j 22 It says here that Mr. King thanked Rick, 23 I assume that is a response to some question about 24 what -- from Mr. Hoffman about what happened with 25 Mr. Eing? j
68
, l
. . . 1 A- What happened when you handed him'thic ;
.i (d 2' information, this package of typed resumes'.
ll 3 -Q An'd it says. King has.never asked.before' l 4' or after, and I assume that is in response to a 5- quection about whether -- you referred to'it 6 .before, whether he had -- 7 A Whether he ha d :any subsequent contacts. a
- 8. MR. HICKEY: 'What does that say? I ~I
- l. 9 can't read it. -l l i 10 MR. J O H N S O11 : He never asked before or 11 .after --
.12 fi R . HICKEY:' Maybe the witness can read- ;
0 13 it. Only what? 1 14 THE WITNESS: Only occasionally. I I 15 BY-MR. JOHNSON: 16 Q Is it possible that it says "only 17 occasion he has ever dealt with King on other than 18 a work basis? 19 A Yes. 20 Q And what does this refer to on the n e ): t - 21' line, " Info change confidential to Bechtel 22 companies and others with absolute need to know." 23 What does that refer to? In that the 24 ground rules of what was going to be done with 25 these interviews that ?! r . Hoffman was describing? _ _ _- -____-___________ _ -_- -_---_-_-___-_-_ - -__-___ _ _-__-_ - - ~
-i 69 !
1 A That is correct. I'think at t h a tl p'o i n t' 2 here Rick asked Mr. Hoffman what would be.done , 1 L 3 with'the information that.was provided during.the l 4 meeting. i
- 5. Q What about this line "Mr. Hoffman wahted l
.6 to understand fact?" What is this line? l l
7~ A' ..I can't' read that. J 8 0 Was this' discussion towards the bottom ) i 9 of this, indicated on the bottom of page 8, a ,
.I 10 discussion about .the purposes'to which the l
_11 interview was going to be put?- 12 A- What results, what was-this information () 13 ' going to be used for after the. meeting. 14 0 And what did Mr. Hoffman or Mr. Wheeler. 15 'say? 16 A I don't recall. 17 0 What does it.mean " Rick felt Hoffman~was l l 10 sincere. Rick didn't feel he had anything to' j
,1 19 fear." l 20 First of all, with this recorded.
)
21 contemporaneous 1y when these statements were being 22 made, or these comments that describe the i 23 questions and answers, I presume, were written l 24 down as the meeting went along? 25 A In the order in which they occurred.
l TIIELEN. MARHIN, JOIINSON & BRIDGES l AT TORNE Y S AT L AW two t=eamcapano ct=Tra saw reanc esco. c a sense ONE K AISER PL AZ A 00""*"W""OV***C e.esesea eato T I suivt soo at woont os aca cae,.so vase s 34-oeos casts tasman O A M L A ND, C A 9 4 612 estacoasta.4.sesatso** <? sat ess-eroo 14151 8 93-569 5
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Ms. Gwen A. Leary, Reporter Monick Stenographic Service, Inc. 1413 Old Mill Road Wyomissing, Pennsylvania 19610 Re: Deposition of Mark Kobi
Dear Ms. Leary:
Mark Kobi has read his deposition and made the followig changes: Pace __7, lines 13, 15, 25: " generating core construction", " Core construction procedures?" should be checked for accuracy, they don't make sense; line 25: " involved in" should be changed to " aware of". Pace 10, lines 14, 25: line 14 should read Disassembling and Defeuling. Line 25, "Not" should be changed to "No". Pace 22, line 22: should be changed to "he should attempt...". Pace 24, line 17: should be " meeting was that".... Pace 25, line 6: " route" should be changed to " group". Pace 38, line 25: " fire" should be deleted. Pace 61, line 25: "asking" should be changed to
" answering".
Pace 62, line 16: "L. L." should be changed to "L. K.". I
Ms. Gwen A.' Leary' April 6,,1987 Page Two ( Pace 93~, line 21:
" break". "the" should be inserted in front of Pace 96, line 8:
"him" should be "them".
Pace 115, line 23:
" Mike Herlihy". " Mike Kramer" should be changed to-Pace 116, lines 12, 22:
.to "she" in line 12, " Bill Sheen" should be. changed "Rehart" should be "Rekhart".
Thank you for your cooperation and prompt attention to this matter. Very truly yours, THELEN, MARRIN, JOHNSON & BRIDGES q e fL nnife A. uenster JAK/ dig
.) cc: Patrick Hickey, P.C.
) George E. Johnson, Esq. {
Charles A. Barth, Esq. !! t
.I i
[
', n, - .s-c ' d
, t 1
.75 4 s
1 Ile had backed away from .the 9pble and he was j u s t;.,
'0 2 listening to !! r . Parks?
5 ,W y l Parkh4-3 A les. And .I t h i[n k f.'t ii r i t os t e p li r . (u o' 3 .ij 4^ that ti r . Ilo f f m a n was not showing an interest ; in y:- t b , ,. t. 5 thiu. ,
,y' c c- 1
% l 6 0 And therse \ ,. turds'hede, quote'-- these are L
7 ditto marks: in the column u r. d e r Bechtel infornant
?, . ,
,\ i 8 that applied to S t a t e'd h 2,Y},Ke k ,didn rt know s ,
! , 1 9 who he w a :: with. And is that an obssene word i ) i: }
~ 10 there? '}*. I
( _I 11 A Yes, there is a r. n o b s c e n e word h r e ,b # 1 s I l 12 yec. N, h 13 Q And thbt is the source - - - e the aburce
- m. . .
14 was, according to !! r . Parks' k ti a t e nt e n t s , that t h i rd' -l s o i i 15 same Bechtel em p l oy e e'?( e s
,') j l
\ i \ '- ;
l 16 Same i n d i v d. 'd u a l .
~
t A i, 17 Q Then it says, "Tried to tone his , j i 18 comments down f. n ch o p e s nick would ca2n.dgwn." ( \:
'19 Uhat docs that sav? q x , s 20 A It looYs .like take, but it"doesb[U make ,
. , t .{
21 sense. i 1 22 0 Then it says " Rick stated.'that th.ng and 23 Chwastyk had repeated threat er 'coorte6" what . ! l 24 is this? d ' O \ 25 A nepeated. ' r i
-.5~:-.---- - - - - -
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; r ;-
, T_ 1 .' Y ;' .
~
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, .. 31 generic 5errg%
- '1' .Q . "Repeatdf' threat in '
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', js .,& y~
g., 1 2 ,,,,s.. r , s .
, 4;-
- s
.0 -; ~
3 '.. A- .Yes. e* ;j jz ,
; [\ j 4 MR. HICKEY: Would youfagrdt that '
that ] i , c 1
')
5 is wh'at it says?
, ,f / > 4 6 THE' WITNESS: 1 Yes, I do.
s ; BY MR. JOHNSON: .<> a 7 L 0 0 And thin wha't h a p p e n e d ?,' n fage 10 i t" # L16 o . .
. ... , e- c.
19- -appears that.'he starts recounting tne;pvents of 10 his- raising comments on the polar crane ta n t' . s 11 . procedure. Is'that what this,in about?.*/ f h: 1j _c," ; 12' A 'I think'at.one point in h e re ~'M r . Hoffman . h 13 -indicated that ,h e wasn't interested in this.l' ipa (
- 14. 'of questioning or the issue; but if Mr.c Parks-forg o 4 .
']
.15 one reason or another felt that he hadsto p r o c e e d ',;
i- ,
, y
' j' 1
S, 16 that Mr. M e.f Sa n wouldn't s.t o 'p- " h i m . And at that d
.j 17 ' point _ Rick began to get int 'the other issues.
v , 16 MR. HICKEY: I'f you.look halfway down
'19 page 10, you.will see a no$c to that effect, 20 " Advised Rick t h a t ' f u r t'h e r info may not be for
. 4 1
l 21' his, Hoffman's." ,. 2 22 And that is aIter Mr. Parka had begun l 23 describing.his concerns about the pol,ap .rane? ( '2 4 THE WITNESS: Yes. LO 1 25 BY MR. JOHMSON: :
~
l- _ -._. 1 L ,. 1 . 9
- l. . , . . . . . . . . . - - .
_ _ _ . 9
e 7 g77- p~ "r 4>- 4 1 77
,,f, g s' T1 %J , g .At-the'very' bottom of'page 10 ' :i t ' s a y s , I b ,,p-
[ O ' Ib '2
.. j;y ab eol i e v e', and correct me if I-'am wrong, " Rick felt e .
3'
~
m'a n a g e m e n t . ' e f f b r t s were'not to r'esolve. concerns i } f, but to" -- a n'@ t. h'e t o - :i s - c r o s s e d ' o 'u t - a n d it seems y ' 5' - to" t r ail 'o f f.)- And then you write, "NRC c'onducted
', "!. .e ;
e , 6L ,
,IE investiga' tion of safet'y concerns at Rick's y,
4
- 7. v fr eh u s'r t . " ]
3,c 0 Is'that: correct? 9 , MS. KDENSTER: Did he correctly just j l;f -1 0 ,. read what was written down? ;
% s'
'*f,
. E j ? f'
]
'e THE WITNESS:
' f . iba y
-Yes. 5
.t g 12 BY MR. JOHNSON:
13 -Q I s t im r e a connection between -- could uy ,y 4 ;- ,
.x Of - es ' 14- you r e c a ll j h r t' c this is about?. "URC conducted IE g- , s p,, r, t-l- _j 4 15 'jn v e s t i g d t i o n it Rick's~ request?
.p 9 , y -
W' .- ' 16- M. inhat I recall transpiring here'is that 'l 1
;I i; . 17 Rick was 'revicuing these issues. It came to the 18 point where he was explaining the efforts that a <
19 .were underway to reco1ve his concerns to his
]
satisfaction; therefore, at his request, he had
. 20,
,1 s,.
21 - brought the NRC involved in this issue, p I'
.22- Q Was this the first time that Mr. Parks 1
, ~ . , ,
,.. ,23 .l .had mentioned his bringing these matterc to the i
d' or. 24 17-l U9C? Is'thni'the first time he mentioned that in j
),.,- ,
1 1 25 ~ .thlm meeting? ,
# l __
0; w - . a - a
I s , f, 1 , '78
- 1 A _I.had h e a r d' s'om e- in d i c a t i on s o f : h im--
HO -
--2 c o n s i d e r i n g ' t h'a t~. b e f o r e this meeting.
L3 ' 0- That wasn't the question.
'. 4 MS.lKUENSTER: The: question.is whether S- this was the first time in the meeting he 6- mentioned the NRC.
7 TI! E WITNESS: In_the meeting on.the ; 1 L 8 14th? l .' 9 11 R . JOHNSON: Yes. Had he ment'ioned it 10 before'then? .; k-I 11 THE~ WITNESS: No. 4 12 DY MR. J O H N S Oll : i j) 13~ 0 It is not that I am-not interested .in 1~4 'your.other statement, but what were'you ref erring: I 1 5 '- 't o about the other times you had heard he had been j 16' talking to the.NRC? f 17 A .I think on the'10th he expressed the-i 18 possibility that he may have to go to the 11R C with l 1 19 his concerns; although he indicated he hadn't l 1 20 decided on that completely. ]
.)
21 0 Had you ever heard from anyone else 1 22 other than Mr. Parks that he had gone to the 11R C ? ]
)
23 MS. I:U Ells T ER : At any time?
- 24 MR. J OII N S ON : Prior to this time.
25 THE WITNESS: 1: o . 1
)
i
M 79 1 D Y~> M R . 'J O I! N S O !1 :- i
\ 2' Did Mr. Parks describe to.you going to O
/.
3 the NRC or d'iscuss it other than on'the walk to q 4 the cooling towers and this occasion? 5 =A _Yes, he did.; 6 0 Uhen was that? l 7- -A It was after this meeting .b u t before.his-y 8 removal from-site. : 9 Q. Could you describe to me what that 10 meeting was;about, when it occurred, and what was
'll 'said? l 12 A I will have to estimate when it 13 occurred.
14- Q. Sure. i 15 A It was several days after this meeting. 16 As a result of this meetin.g, a decision was made'
.a l
17 for Rick to go to Gaithersburg to meet with Mr. l l 18 Sandford. ! 19 0 night. 20 A I made a point to touch base with Rick 21 later on to find'out from him how the.whole , l 22 ' process went. 23 MR. II I CI E Y : fleaning the meeting in i 24 Gaithersburg with fi r . Sandford? l 25 THE WITNESS: Yes.
80 11" MR. HICKEY: So it-was-after the 2 meeting? I 3 THE; WITNESS: Yes, but before'his'
]
4 l removal from the site.. . While Rick-was still'on 5 the site, I went over bo-his area.and found him 6 working at~his desk. He was on the phone at the. 7 time, so.I waited for'him. 8- When.he.got off the phone, ILjust said,. i 9 " ll o w are you.doing?" And he'seemed to be distant. 10 It wasn't the reaction I expected to get from him. l 11 He was not .very forthcoming on details about the 12' meeting in Gaithersburg. h 13 He indicated in general terms that he 14- was considering outside legal assistance'and that , 1 15 he had contac'ted and had been talking to the NRC, 16 about his concerns. 17- And then he basically excused himself. 18 I think he even said he had'an appointment outside 19 of work that he had to attend, and our 20 conversation ended 'and he left.
+ 21 DY MR. JOHUSON:
'22 0 He didn't tell you who he was going to l
23 see? I 24 A Mo, he didn't.
.O 25 O Did he mention the Governmental
i 81 1 l' 'Acco un ta bility- Pr oj ec t ?' 1
-l 0 2- A I don't'believe he mentioned that to.me i
3, at that' particular discussion. J 4' .0 Which was sometime.after the 15th of' 5 !!a r ch but before.he was' removed, which was the 6 - 24th? 7 A Right. I.got- from Rick the indication.
)
8 that he was seeking outside legal 'a s s i s t a n c e ,; but j 9 it was.not private assistance. It was something 10 that could be made available to him withou't him 11 having to' pay.for it directly. l l i
.12 I think he also mentioned. Department of 13 Labor, possibly.
14 0 That was the substance. Was there q 15 anything else that he raised? 17-16 A That's all that I can remember. 17' .Q Uas there yet again'another conversation la that you had with him before he was removed? 19 A None that I recall specifically. 20 0 'Did you become aware that he had a prenc 21 conference in Washington? ) 22 A Just over the radio on my way to work l f- 23 one morning, i 24 Q But before that, you didn't know he was
~25 going public with his concerns?
1
- - - - - - - - _ _ _ _ _ _ - - _ _ - . - - - - - - - - - _ - - - - - - - - - - - -.----.---_j
y 82 c 1 A That .i's correct. t 4
'.. 2 -
- . Q Did you know. about.a m'e e t i n g of !! arch 23
- 3. . m 3 o f w h'i c h -fi r .- Park's' affidavit, I.am-going public,.
(- 4 tand his' press conference were discussed before , [, 5 .that e v e'n t ?. , 6 A- 11 0 , I'didn't. 7' 0 Uhere was your work area in re1ation to 8 -Mr. Parks' work area? 9- A Adjacent to-each other', but .i n separate 10 trailers I wil1 say. The green building was a - j 11 temporary b u il'd i n g , and I was'in a buildjng just 12 a dj acent to it. O 13 ue were within 30 eeconds we1aine l 14 distance-from each other, q 15 0 Toward the end of;page 11 there is a l l 16 note, a line.' Could you read what that says? It I 17 starts with " company." 18 A " Company at the highest level wants to 19 ' shoot sq u a r e .'" 20 0 Is that a quotation mark at the end 21 around shoot square? 22 A Right. ; 23 0 Cou1d you describe what that is about? ; 1 24 .Who was saying that? l 25 A fi r . Hoffman, from what I can rcca11.
83.
~ 1' Q What was he-referring .t o ?
p O 2 A- Mr. Hoffman was b a s i c a lly s ta t i n g -: t h a t.- -1 p
- l
, 13 thesissues.that Rick had brought up.were not the
- 4. subject of.that' meeting but that an opportunity 5 -would be_.made available to Rick to express his 6 . concerns. That was the~Sandford meeting..
i
'7 0 And the shooting square? I 8- A His statement was that he wanted to 9 assure Rick that' if he had concerns, to be assure'd
.10 that people that.would listen to his concerns were 11 straight shooters'.
12 If they saw a problem,- they wouldLtake (]) 13 the appropriate steps to correct it, j r-
'14 Q And then-Mr. Hoffman stated that --
you. g o L15 say Hoffman-stated that Parks.was 'n i top control ' i 16 of himself, very business-l'ike.and professional. l , i a L 17 Rick had every reason to be pleased.with the l' 18 . interview? I l 19 A That in correct. 20 0 Did that seem to be an appropriate 3 1 21 chara'cterization of the interview, of Mr. Parks' 22 behavior to you? 23 A I would not have used those words. 24 0 What words would you have used? 4 25 A- I would not have used " top control." I
84'
'l don't? think' Rick l maintained top contro11of Th M- 12' . h i m s e l f '. I think there was.a perlod of t.ime'when 3 he almost lost control.
4 But on' balance, I think it was a 5' positive interview. I think 1 would have used 6 those words.- 7 0 .At some point or at sometime or a r.o u n d' 8; the time' Rick was having d if fi cul'ty maintaining l 9 control, did Mr. Hoffman'have difficulty with his l b 10 temper, become a'ngry o r- agitated? i 11 A No, he did not, [. l l 12 Q He maintained an even composure L . h.
. 13 throughout?
14 A .Yes.- He.just basically s a t- back and 15 . listened to what Mr. Parks had to say. - didn't 16 show a lot of interest, but he listened and s 17 maintained himself very calmly through the whole' 18 process. 19 0 And what about when Rick was becoming
. 20 irritated about the l e v e l- of detail of Mr. Hoffman 21 in making his inquiries and asking hic questions 2 2' about the denomination and stock of paper and all i
23 thic, what was his demeanor? ' 24 A Very profeccional. It was almost as if 25 heJwas going down a standard checklict of i L__z_ -- -_- - - - - - l
L
, 85
.. .'l q u'e s t i o'n s t h a t . . h e. . h a d prepared:before the meeting.
y
.i .2 It was very cut' and dry;
-3 And Rick didn't have.too much of a 4 p r o b1'em :a t- th a t. po i n t . It.was' detailed, but he 1
5 was providing answers relatively freely. I 6- Q Getting back to the March 10 meeting i i i l 7 which is described on page 46 of Mr.- Parks'J l 8- affidavit, _w e - discussed most of the statements-in. .j l . i 9 this' paragraph'in the middle before except for a , 1 10 statement which is attributed to you. 11 It says, Mark .said that what I. described _12 was not the Bechtel way of doing business. And I- -I
) '13 assume that"what 'I described refers back to~his
' 14 ' ' stating that he related to'you the whole story of ;j l
15 recent events including threats and intimidation , 16 tactics. 17 Do you recall making that statement? 18 A. I recall making that statement but not 19 in the context that Mr. Parks has it. ;
)
20 Q What was the context that you remember? 21 A The context as I remember was that nick 22 was explaining to me concerns that he had about
-23 getting his comments adequately resolved to his ej 24 satisfaction.
-Q 25 I told him, based upon the previous 1
__=-________--__--__
.ij "
86 t 15 '~ experience.and'wo~rking relationship that I had had!
=I b 2 over the. years, that I had never seen an
.3
~
indication'that an.emp1oyee or individual c o u l d n '. t , 4 have-his; concerns resolved if he continued to work 5 with the system and not to take no for an answer. l 6 That if his comments or concerns were.
'7 being. rejected at the level he interfaced'with, go 8 to.the next level up and continue t o. -d o that until 9 .he w a s' satisfied.
10 And I tol'd him that is the Dechtel that j
- 1.l' I have always experienced. 'And'I . urged him-to. j
'i 12 continue to do that. l 18 l
- h. 13' O When did.you firstbecome aware that !! r-. j 14 Parks was. escorted.off.the site?
15 A I believe'it was the day of~the press .! ( 16 conference. l 17 Q And I believe that was 11a r c h 24, the day l l 18 of the conference you;did hear? l> ~ 19 A I recall driving to work that morning l 20 and the radio was on and an announcement was made 21 over the radio. And I believe I got to work that 22 ' day and Rick Parks was no longer there. 23 Q What was your reaction when you heard L- 24 that? j 25 A Surprise and disappointment that he felt
l
]
87 L . , 1 Lit'necessary to.go to outside sources and not :l l' (). 4 . 1 2 follow th r o u gh ba s i ca lly ..my s u g g e s t ion s to work ) i
'3 within the s y 's t e m .
L 4 Q Did'you'have any indication at that time 5 t'h a t his= efforts to. work within the-system 1had.not 6 been productivo?. j ! 7 A No, I didn't. . i 'a 0 One' way or.the.other, you didn't'know? l. 9 A I didn't'know. q 10' O At'the interview on ~ the 14th of. March, 1 i L 1.1 - did you get the impression'from his statements
- 12. that'he didn't feel like he was making headway 1
() 13 . with his comments with Bech'tel? .l I 14 MS. KUENSTER:' I am going to obj ect to ,
.15 that question as vague and ambiguous'. I think'it' l i
' I L 16 i 's u n c l e a 'r . What comments a t. the meeting?
l l 17 BY MR. JOHNSON: 18 Q We just went through your notes, and it 19 seems to me that Mr. Parks was expressing 20 frustration in trying to pursue his comments 21 through channels. Is that a fair 22 characterization? 23 MR. HICKEY: Is that part of the notes e 24 , you are pointing to? 25 MR. JOHNSON: Yes. It is in here. I
+
80-
'l THE-WITNESS:
I'am ~ n o t .. s u r e . i i; - 2'
~
B Y -' M R . JOHMSON:'
- 3. Q- D o c's ' t h a t ?
1 4 A- I am not sure what'-you.are asking.me, i 5' Q_' 'I will certainly want.you to know __ what I 1 6- am talking-about. !- 7J It is o n .. p a g e 10 where.he is d e s c r i b i n g._ 4 1 8 in~some detail his comments about thel . polar crane, ' I 9" ~four pages: of comments that indicated results of 10 work proc.edures were doubtful.. If you would just 11 _ read through .those notes there. I 12 A Okay. : j h' 13 'O Particularly his reference to "See 14 Hanson, Phoned Rick and asked if. King was; aware' l 15 of his comments." 16 And then it says, "I think apparently l 17 C h a r l e y' 'didn't care for 50.59. type comments. _ Rick ! l 10 ' felt it was an unreviewed safety question." i, I 19- That is a correct reading of what you 20 have there? -! 21 A Yes. 12 2 Q Would you characterize.what Mr. Parks l 23 was-stating there as continuing concerns that he l. 24 had had at that time that he c ):p r e s s e d them? l
. O;- i 25 MR. HICKEY: Continuing?
_ - _ - _ _ _ _ _ _ _ _ _ _ - - - _ _ - _ _ _ . - _ _ = _ _ _ - - _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ - _ _ _ . - _ _ _ - _ - - _ - _ _ _ - i
?
89- ) i
'l ,
MR. 'J OHNF oN :- C o n t i n u i n g , c o n c e r n s'.-
.. 2 BY MR. ~ JOHNSON:
x] 3 'O These we e, a't just h i s t o r i' c a l I
.i 4 statements.- These were still.of great moment'to-
.. )
5 M r .- Parks. He was raining _them because'he was 6'
~
concerned 'about them. Is.that correct?. 7 MR.. HICKEY: Are you asking.whether on
'8 March 1 4 -ilr . Parks e::p r e s s e d that his 50.59- i
. .)
9 concern was-unresolved? Is-that the. question?; 10 ti R . J O H NS ON': . No. I 11 BY flR . JOHNSON: 12 .0 Was-it your impression from hearing Mr.
-O 13 Parks.nake these statements.that these matters h a'd
. l' 4 been resolved?
'15 MR.- HICEEY: Which. natters?-
16- MR. JOHHSON: -The m'atters described 17 here. 10 MR. . HICKEY: I' object to the generality 19 of the question. I think you better direct them 20 to the one you are interested in. 21 BY MR. JOHNSON: 22 Q The four pages of comments. L 23' A I den't remember the tone. I tried to l 24 write down the things as they were brought up.
'25 And I think what we have here fairly accurately
90 represents that. l.
-OL 2 Eut if you are asking me to. understand ,
I 3: whether they were resolved or unresolved or ! 4 continuing, I just don't know. 5 0 Getting'back to you heard the
'6 announcement on-the radio.that Mr. Parks had.a- j 7 press conference and you were disappointed that-he 8 had gone public, did you speak to Mr. Parks when ,
1 9 he' returned:from Washington? 10 A I spoke with Rick'once or twice after-. 11 his dismissal from the site. l ; 12 Q And when was that? 13 A I don't remember a speci'fic date, but a 1
'14 -week or two, perhaps, after the announcement.
15 0 Where did you speak to him? I 16 A Once he called me at work and once h e-17- called me at home.
-18 0 when he called you at work, what was the 19 nature of the conversation?
l 20 A The nature of the conversation is he 21 wanted to know what the prospects for his 22 employment looked like with Bechtel. What did I 23 .think, based upon what I knew or hsd heard, would 3 24 be the outcome of his employment condition with
=
25 nechtel. a j
4 a 91
. I 1 0 What . did you say? i 2 A I basically told him that f r o m - r 'u m o r s -[ .
3- -and . talk around the -of fice, which-is all I had l 4 heard at that point, is .that it'. d idn ' t look good; _{ 5 'that if there was one thing that.Bechtel frowned 6- upon and historically would not tolerate, it was ~a f f 7 conflict of. interest situation or even a j J 8 suggestion of a' conflict of interest; that Bechtel. 9 was adamant on that policy.- H 10 I told'him'that they were -- depending l 1 1- u'p o n the outcome of that, there'were a n u m b e r ' o'f ' 12 opportunities availabic to him by Bechtel; .one'is h 13 Lthat'he would be. reinstated and the organization 14 and Bechtel' would work with him to see that his 15- concerns were resolved, if there was. proven'not to j
.19 '
1 16 be a conflict'of interest situation. 17 He perhaps could'be transferred to i 18 another site and be allowed to remain with 19 Bechtel, or he just would remain terminated from 2 0J the company and Bechtel would maintain that 21 position and defend it in whatever way they had to
-2 2 defend it.
23 So I reviewed with him what options I 24 considered ncchtel would take in a situation like
.O 25 this.
- 1. . '
c' ' ' L p' 92 [. . L, 1' .Q A n y[t h i'n g else? t 2- A I' don't b'e l i e v e'. 'That is it. i 4 i3 Q He.didn't ask-you a n y t- h i n g else?
'4- -A I . d o n t ' t h i n k so. 'I d o'n ' t rememb_er if- '!
5: 'he did. 6- 0 At the time of this conversation, .it was
- 7. your . impression.that he had been dismissed because 8 of.his conflict o f_ interest? l
~
9- A That is correct. 13 10- -Q Did he in'dicate to you in this l' : 11 conversation that we were just describing what he ' 12 felt the reason for his dismissal was? 13 A I think he indicated to-me that the 1 4' conflict.of. interest case he perceived n o t- to be a 15 p r o bl em ,- that that was just an; issue that would:'be j j 16 or could ..be resolved. l l 17 Q. And you' disagreed with him? 10 A Do, I just -- 1 I 19 Q You juat listened? l- :q l 20 A I just listened. 21 O Uhat was the second conversation? You 22 said he called you at home. 23 A Yes. 24' Q Uhat was that about? 25 A I believe he -- the purpose of the call
93 1; 'was to request'my assistance in-sitting down with
'2 him and' attorneys.that he had representing.him to-g 3 talk.
L. i 4~ I' told him that I.would considerfit but -
'I 5 that I wanted.to. touch base through my' channels (
l 6' and possibly even have my own legal counsel l l {' , 7 available at such a meeting before I would agree: O to it. !!e was not'at all interested in that.. 9 The conversation went on to he explained 10 to me continuing ~ difficulties he was having in the-
.)]
11 L area, problems he was having because of loss of ) 1 l 12- employment. ]J ' 1 j()
- 13 Q Financial problems? . What-kind of 14 problems? ]Ii 11 5 A Logistical problems, financial _ problems, a '
16 what wat he going to do with his situation 'if- it 1 17 looked like he was not going to be able to return 18 to the site to w or k , what possible options he had 19 ravailable. !
.20- I am not sure, but it is possible that .
1 21 the issue of break in came up in that call, but I ! 1 22 am'not sure. I ~ remember him telling me about
.23 that, fj j -
24 0 Breaking into his apartment? 25 A. Yes, the fact that his place was L . . . - - __ _ _ _ - _ ____ >
,, )
a 94 -1 1- ransacked. () 2 - I remember-.seeing it there.in the l j 3: affidavit andLI remember'him telling me about- it. z '4 ; I t' may have been in that call,.but itimay.have- J h 5- 'been-in an earlier call. 6 Basically,, that call was.to request my i l 7, presence in talking to a t t o r n e y s'. i
'8 0 You had reservations about it?.
9 A' Yes, I did.. l 10- .Q .Did y'ouLget back to him, .or who did you. q 11- consult?
- 12 A I think I talked to Tom Morris and. ,
L i l([ '13 LCharley Hanson to :nake them: aware of the fact'that
~
' 14 ' I had.been' contacted'by Mr. Parks and_what' the 1 15 purpose of the contact was.
J16 nasica11y, I think the advice was given-17 to~just see if they follow. up on it. If they are 18 interested in sitting down and talking, let us i 19 know, and we will have to get the wheels in motion ] l 20 to provide you some assistance. [ ~ 21' Shortly after that. call from Mr. Parks I l 22 was contacted by an attorney of his, a gentleman J i
.23' who introduced himself-from the GAP organization, l 24 and again expressed an interest in sitting down 25 and talking. ]
1 i l 1
a
)
o '95- 1 l: , l 1 I L a g a i n' .~r e v i e w e d ' n y interest in'having. 7, s > 2' legal counsel present, which he.was-not a t. . all :!
)
3- -interested in.- And.that discussion, that ;
'4 ~ conversation.just basically. ended that way. j 5 ,
Q Who were you talking'to at this point? 6 A It. van an a t t o r n e y_ f o r_ t h e' GAP l 1 7 ' organization. )
-8 Q -Was it Tom Devine?
9 .A The name sounds familiar,.but I am not 10 sure.
'l l Q And he wasn't interested ~on that basis?-
1
'12 A Yes. And the conversation ended'that
.Q 13 way, and I.was never approached.after'that.
14 ~Q By him or by Mr. Parks? l 15 A T h' a t ' s correct.:
.16 0 Yo u -h av e n ' t . 'spok en t o M r-;. Parks since h i
17- those calls? 1 1. 18 A I-have not. That is correct. 1 1
'19 0 You indicated that'from rumors or people j 20 you had spoken to that the prospects-for Mr.
21 Parks' return were not good'when you talked to him 22 the first time. ) 23 Who would you have heard that from, if 2 4 '. you can remember? 25 A .I would speculate that a lot of it was
96
~
1- my own speculation, having seen what: Larry King Ol 2-went through and understandingEwh,at Bechtel was
- 3. . concentrating on wi t h. -Ri c k Parks and thefissue of
~
4 conflict of interest, . understanding typically ~how
.5 Bechtel viewed: situations .like that.
6 I think basically I 'w a s under that-7 impression. And in discussions I'had with other i 8 People, probably suggested to him that that was 9- the case. l 10 0 Can you remember who you had those-
~11 discussions with? -l 4
12 A I don't remember specifically people or .l f3 13
. conversations.
- Q 14 0 Tom Morris?
15- A Possibly, but I couldn't swear to.it. ; 16 O Charley Hanson?
It could have been Gallagher,
- 17. A Hanson.
18 White, Walker or the social and working circle 1 19 that existed at the site. ) S20 1 20 Q Did you have any contemporaneous j l 21 knowledge concerning Mr. Walker's replacement of ) 22 Mr. Parks back in February on the test working 23 group? j l- 24 A Can you clarify that? 1 25 0 You just mentioned Mr. Walker, j l
)
i V t: l 97 ! 1- Mr. Walker.was designated ~by Mr. Kitler- . o '().
.2 -to'be Mr. Kitler's alternate. in s t a r t-up.- an d test-
]
]
[ 3. supervisor, as an alternate. test ~ engineer, and a 4 also designated to be 11 r . Kitler's alternate-5 representative on'the test working group. 6 -Here you aware at the time those changes
- 7. were made that they were being made? l D A' 'Made aware of it after-the fact.
9 0 Il ow long after the-fact?- i 10 A Several days to a week after the fact. 11 I .think Rick ha d: advised me that that had taken
'12 place..
1 l() 13' -Q In what context, . do you recall? h 1 14- A I believe it was during the discussion- 1 l 1 15 when he -- by phone.
'16 0 What did he tell you?
17 A Basically just that, that had he been 18 replaced. 19 0 Did he indicate that he was happy or l l 20 unhappy to be replaced? Uhat was his reaction?-
- 21. A Did not sound to be pleased.
22 0 Did he indicate to you what he believed
'2 3 to be the reason for his replacement?
1 24 A I don't think he got into that. 25 0 Did he nention Mr. Kitler? l'
+ l 98
'1~ A I don't believe so'. 1 lf 2 O
~
Di'd he mention in that conversation, did l 3 he menti'on his comments on the polar crane test-l 4 procedure? 5 A- 'It.is possible'that he;did.
~
I 6 MR. !!ICKEY: Can you be a little more R 7 specific'because when.you say'"itDis possible," l l 8- there are a lot of things that are possible.
.9 Do'you have-some recollection of'Mr.
' '1 0 ~ Parks mentioning that?
l 11- THE WITNESS: No, I d o n ' t ,- n o t' 12 = specifically, j j)- 13 BY.MR. JOHMSON: l 14 O Do you have any other recollection from l l 15 that conversation aside from the fact that'Mr. 16 Parks me'ntioned'that he had been replaced as an L I L 17 alternate representative on the, test working 1. 1_8 group? I i 19 A No, I- don't. l
'20 0 I am going to place that conversation 21 for you based on what I know from the information 22 I have of when Mr. Parks says he learned that he 1 23 had been replaced, which was during a meeting in 24 which Mr. Thiesing informed'him of that on
)
25 February 23, 1983. So I presume that he spoke to j j
. . _ . . . . . . _ . . . . - _ . - - - _ _ - - - ~
-- - - _ _ _ _. - =._-- -. _. -. - . . .-
.q
-99' you,.at the' earliest, that evening.
$ $ '2' Does that ring ~any. bells to you? Did he. 3 describe the context of a meeting concerning his 4 comments on the polar crane test procedure with 5 Mr. Thiesing making remarks? l
- 6 .A I'was not-aware:of that' meeting or the 7 f a c't that Jim Thiesing was' involved in the whole.
1 8 process.until'I' read the affidavit. ! 9 0 .I see. Okay. 10 You were interviewed on May-19, 1983,;by 11 Mr. 'Travis Brown. Do you' recall that' interview? 12- A I believe I did.
](f 13 Q Do1you recall what-the subject of that '!
- 14. L me e ti n g , 'th a t i n t e r vi ew with. M r . . Brown, was? ,
i 15 A Not specifically,,no,-I don't. 16 Q Do you remember meeting with Mr. Brown 17 on more than one occasion? 18 A 'Mo, I do not. 19' O Did you ever' meet with Mr. Edwin Stier? 20 A I don't remember if I did. 21 Q Mr. Stier conducted an investigation 22 into management and safety allegations during the 23 spring of 1983, spring and summer, with a team of
'24 attorneys.
25 I am showing you -- I-don't have the j i L- __
l
;100 l
1 . report but. I' h a v.c one of the appendixes, and'it
']
.2 i n d i'c a t e s' it was submitted on ~ November 16, 1 9 0 3', .
L Y, p . L- '
'3 lit was'a long report of the- dif f erent ~ sections and !
i< 4 d i f f e r e n t: subjects, including.the safety i I 5 alle'gatione raised by Mr. Parks, l 6- And there was a series'of witness 1 7.' statements, mainly' depositions, sworn depositions, ! 8 and the transcripts are included-along with , 9 d o c u m e n t s .-
-1 0 Do you recall being deposed in this 11 manner on the record before a court reporter'in f I
12 connection-with Mr. Stier's investigation? i
'f
() 13 A I recall a meeting that I .had with an { 14 individual sometime after this Parks' issue. 1 l 1 15 This is the meeting I referred to l 16 earlier today that t'o o k .p l a c e in=the trailer
. . l 17 comple x j ust south of the administration building. .!
J 10 0 I'm corry. What meeting was that?
'19 A I was interviewed by a lawyer or a legal l
l 20 type whose name I have forgotten. And the purpose l 21 of the meeting I have forgotten, which basically 22 asked for my knowledge in this same general area. 1
.23 Who that individual was, which I don't 24 remember his exact name, I understood him to be 25 either a GPU or Bechtel attorney. And the purpose l
1
101 1 of that meeting I don't remember, but it may have I 2 been part of this effort, l 3 Q Uas that the only contact you had with ! 4 such an attorney connected with this 5 investigation? { 6 MS. KUENSTER: He has testified that he 7 doesn't know whether it was connected uith the l 1 8 investigation. 9 THE WITHESS: I can recall that 10 interview shortly after Rick Parks went public. 11 Then when I was working in Florida at 12 Turkcy Point, I was contacted by an attorney ) ll 13 representing Bechtel and provided the affidavit. 14 BY MR. JOHNSOU: 1 l 15 0 The affidavit we referred to before ! I 16 executed on September 28, 1984? 17 A Yes. And I have been contacted recently i 18 to provide testimony here. I l 19 Those are the only contacts that I can I 20 specifically recall in relation to this matter. ) 21 Q Let me show you this memorandum dated 22 May 26, 1983, provided to me by counsel for GPU 23 Nuclear. It is several pages and it cays 24 " Memorandum to the file from Travis T. Brown, Jr., 25 May 19, 1983, interview with :1c r h Robi. (Rechtel)" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ ._ _ _ _ _ _ _ _. _ __J
'1'02 1 .It describes an interview inLa ~t r a i'l e r '. . ;
I l kh 2 Does that: appear to be a note recording something i 3 about. this meeting that'you are r e f e r r i n g Lt'o ? I 4 A Yes. I remember Ken Richardson's name. 5 MR. HICKEY: . Have you seen this document 6 before? 7 TH E: WITNESS: I don't remember ~.
'8 BY MR. JOHNSON:
1
-j 9 Q Did you.take notes when you met Mr. j I- i L ;
l 10 Brown? You don't . remember his'name, but assuming l
.I 11 it was Mr. Brown.
l 12 A 'I don't remember if I kept notes.
.( ) 11 3 Q I would like you to, if you wouldn't li, mind, look this over. It is four pages, I 15 believe. I would like to ask you a question or i i
16 two. l 17 A Okay. 10 0 From reading this, it appears that the ! 19 primary focus of this interview was concerning Mr. 20 King and Quiltec. Is that correct? 21 A Yes. 1 22 0 What do you recall from this interview 23 with respect to questions that were asked 24 concerning Mr. Parks? l-25 A When Rick Parks' name came up, it was in
,, ;}< '[,
, , ,g --og =..-
103
; ) ,
t L s. , 1 relation to how did'you.know that, fi r i 'K o b i ? I .. .s [f y,i A .f$7 l}
._'2 ~ was providing thesc.ioditiduals. i th :- my ,
b '
' 6, a
3 understanding or'.know1Gdge of who @rled with ' 9
-l
)
i W
~4' .Quiltec and who was~ involved in Guiltecl to the '
. f. t 3 3 5 best of my knowledge. . '
, /
( 6 And when asked how I: gas' 'aw a r es ofjthpt,'
, - l
-7: the response I made most often'1'a "I'bellege that. -
f 8 i n f o r ra a t i on was given to me through RicN Paris."' 9 But the~ quest.ioning 'itself.did seem ( n o t,t 10 to concentrate on the issua of Ricd Parks as much i'
.g~
11 as it'was to what my knowledge was'on the subject s 12 of.Quiltec. t
.O 13 0 Did the sub ect -e v e r- awitch from Guiltec
\
14 to Mr.' Parks, per se? 15- A I believe it did at one print.to.these 16- individuals wanting to know if I had.fgith or x -.. 17- oclieved in the information Mr. Parka das giving-
- \;
18 me. . J g
- s, ,
19 0 You mean al<cbt/ M . King and Quiltec? 20 A tin d other individuals who are discussed 21 in there. 'N , s f'
.. t i
22 O You say "other individuals." kb r t h e,r e ! 4 - 23 another person with fl if, Brown? , 4 t\ 24 A ??o. I am saying other individuals'who 25 were associated with ouiltcc. L
w' ,n n
,,) l , A, ..*~$-
; f- l' M i x,
't
~r 10 m. , ! ) >
-j. ,F.
i l , 'j c I s e e '.
'# ~6' '
1 0 i 26 O- 2 Did the subfectof M r .) Parks'" caf,ety*, , 3 concerne ever. come up in this interview? di' 4 A' I don't think>co., ' 4 ,;
.5 0 or his'al1074tichn for discrimination? I 6 A. No, I' don't t h i n ).b c o . J j
, i. a1 t 1 7 Q- Did they a s k - y o u <' q u e s t i o n s a b o u t J M'r,. ?
j l, l l l 8 Parks.of any o't h e r cort othed thso in relabipn,-to . i 1
.l 9 Quiltec? !
< , i 10 1 No , . I don't believe, ' 11 0 You have readg this through?9hea dia .
)
j 12 you first learn abo d the connection between Mr.- f h 1 O 12 xine end e c o m v e u r n e m'e d Qu11eeo? ! 14 A Let me answer that -- let m e, give you3 ~ l- ; 1-15 two answers. I w a c ri t . aware of the hctual name of 16 _Quiltec until I think Parks brought i t- up.in the l 17 March 14 meeting. i l 1 ! l 18 Prior to that, and w el l prior to t'h a t , I 1 19 am talking in the time frame of uben Rick a nil I 20 firct began working together as part of the RD&D [ 21 organization. I was under the impresninn tha*, - 1
,J 22 there were individuals.like L c.r r y> ' i n o and/aen .,
23 Sloane who were cither looking inte an outcide' i 24 interest or were in tbe process ot estaA]ishing 25 one.
'i
_ _ _ _ _ _ - - _ _ _ _ _ _ _ - - - - 0
l i i 105 r, . 1 O And t h r ,t information came from 11 r .
- h. 2 Parke?
A. l 3 That is correct. 1 4 0 Were other people that you worked with ; I 5 in this R D t1 D work also aware of thic? l s I 6' A 1 'think E6 Kitler may have been involved I l
/ in some of thcce discussions. He sort of worked l 8 tacyther for a time. l
; 9 I :an recall one afternoon when we were
'O just rf t:ing around talking about there has to be l I
, v 11 a better way to making a living. And the issue of I l
12 cctabliching your own organization came up; and i jh i3 Rick cort of began indicating that there were 14 opportunities available out there and other people l 15 may have been pursuing opportunities just like 16 that. And I think Ed It i t l e r was involved in that
)
17 l discussion as well.
.. I 10 0 Uas it juct the three of you? l l
19 i A I am pretty sure it was just the three i 20 f ua. There was one little office where Ed and l l J 2 :. Rick vorhed and I went in one day and we just i
." 2 talked for a while. l
} l 23 n Apar. from hearing it from Rick Parks 24 c ri,n c e r n i r ') Sloanc, It i n g , nuiltec or job shop, L
25 w'n a t e v e r. it was referred to, did you hear about N ~^ .- - ._ _
106-1 that subject on the site prior to the end of, say, ,~ . L 2 -1982 from other sources other than: Parks?- l 3- MS. KUEUSTER: I.am not 'sure what you 4 '
.mean did'he. hear about job shopping.
5 BY MR. - J OHNS ON : . 6 Q Did you hear about the connection of Mr.
- 7. King and Mr. Sloane and the~ job shopping?
8 A' Mo, I didn't. 9 0 You said that the chances of.getting 2 10- back to when Mr. Parks was dismissed or cocorted 11 off the site and hic status was in question,-did
' '12 you indicate --
well, did you indicate to Mr. O 13 r e r n's that you wou1d neve any dirricu1tv worniae 14- with him if'he returned-to the site when you spoke 15 to him?
'16 A I don't think that issue came up.
17 0 Of your ability to work with him?' 18- A That is correct. 19 0 When you talked to him, did you still 20- feel like you could communicate.vith him, that you 21 still had the relationship you had previously had 22 with him? 23 A This is after his dismissal? 24 0 Yes.
.O 25 A No, I didn't.
_ _ _ - _ - _ - _ - - - _ .-_=_____-_____--____a
_ -_ __._ _ _- _ -_ _ _ _ __ ____ m _- . _ _ - . _ _ _ _ _ . - - _ _ _ - - 107; 1 Q What did.you feel?
.O-E 2 A I felt that .I had to be careful in the 3 type 7of: information I gave him for fear that he 4' might use.it'as I would not want it to beLused, 5 that he could possibly manipulate the information.
6 I think I also need to point out that I [7 1believe it was th r o u gh . t h'e Bechtel organization, 0 possibly the. site organization, .that~ we were asked 1 9 if : Rick Par ks had made contact with-individuals 10 . o n - s i t e, , that tho s e. .conta ct s be made-known to . p 11 management. 1 12 So I felt a little uncomfortable talking 1 L.. 1 (()- 13 to Rick and' concerned about information'I.gave him 14 :and how he might use that.
~15 0 You didn't want to be. drawn into his l
16 legal' contest? 17 A I felt'that it was conceivable for Rick 18- to manipulate peopic, and .I felt he'may have ] 19 manipulated me. And I didn't want that to happen 20- if he was-to do that. 21 Q Did you receive.any other instructions-l 22 concerning c0ntact with Parks? 23 A No, I didn't. 24 When I had advised people that Rick had
.O .
25 contacted me, Tom Morris and Charley II a n s o n , they 1 1
t
'l00 1 were. pretty nonchalant. It was.okay. .If'.it ' ' 2 happens :again or if you need-specific information, 3' you might'want to check with us first.
1 4 0 .If he-had returned to-the site, iffthey ! i 5 in .)
'had decided.we can settle t h e s'e' d i f f e r'e n c e s --
I
~6 fact, they"did' reach a settlement, but it involved-7 'him not ' coming back to the site and going to 8 'another site'.
19' If a settlement- had been reached andDhe-
-10 were to return to the site, .would you have been 11 able to work with him, do you think?
12 :- A Yes. And we talked over that among
. () 13 o u r s e'1 v e s , the people in RD&D.
_14 Ue talked about it because we viewed 15 that there was a real possibility of Rick coming 16 back after some period of time. 17 I think the consensus was in m y. 10 department, and I personally believe that we would 19 have to be very careful not to be too 20 accommodating but that that situation could be 21 accommodated. 22 0 When you were interviewed, I assume that 1 23 there were circumstances leading up to this short 24 affidavit that is appended as Exhibit 49 or Tab 49 25 of volume 4 of the Report of Bechtel Morth u______________________________________. _ _ _ _ . . __ _ _ _ _ . _ . . _ .
109
'l American Power Corporation, Allegations of: Richard b
L' 2 Parks,. October 1984. .That is the volume I have 3 here of it, and your' tab ic 49. 4 You said that an attorney came to, I 5 guess i t' is Florida City to speak to you?- 6 MR. II I C K E Y : I don't'think he said that.' 7 BY MR. JOHNSON: , 8 0 You had another contact? 9 A This was by phone. -Ue put .together a 10 statement which I felt accurately' clarified i 11 statements ~ made by Mr. Parkc in the affidavit. 12 MR. 11 I C K E Y : Just a minute. Mr. Johnson ( )- 13 really hasn't asked you a preliminary question, 14 but you are not required to disclose to Mr. j 1 15 Johnson discussions'that you had with counsel. 1 16 TI1 E WITNESS: Okay. 17 BY ll R . JOHNSON: 18 0 You have read this affidavit today. I
)
l 19 showed it to you before. 1 20 A Yes, I am familiar with it. l I 21 Q Particularly, there are two things that ] 22 we have discussed here that are just here about l I
'23 the tone of the meeting, Paragraph 3, and the 24 adversarial nature of the conversation. )
O' l 25 What is not clect or what seems to be l l 1
\- l h 110 L
- 1' 'the impression 'h e r e is'that Mr. Parks provoke'd Mr.- i l
l ()
- 2. Hoffman and it became adversarial as a result.of.
I I L 3 Mr.-Parks' comments. But you indicated to me l 4 that -- you' characterized it differently. l 5 It seems to me today, indicating -- if I .) t I 6 may characterize what I think you said, that'.it ? 7 went along fairly smoothly. And at some pointLMr. ! 8 Parks became irritated orfagitated.and asked Mr. l 9 Hoffman to only ask questions'about the Quiltec. 10 Is that correct? ; i 11- MS. KUENSTER: I don't believe that you 1 12 are correctly stating'his testimony, l O- 13 rac w1rucss:
- Mo-1 L 14- BY MR. JOHNSON: I 1'
15 0 I am trying to remember as best. I can. L 16 You said that Mr. Parks started getting 17 emotional and didn't get out of control but:was 18 close to losing his cool or whatever. 19 Is that correct? 20 A At some point, yes. 21 Q I am trying to make'a connection between 22 what you say here and what you said today. { l l 23 You say here that the tone of the [ i 24 meeting which had been professional became-
.O y
25 adversarial as a result of Mr. Parks' comment.
1 1 1.. 1 What did you mean whenlyou' wrote 1that 2 affidavit or signed: l't about that? What did you 3 mean "become a d v e r s a r i a'1 " ? 3 4 A Mr. Hoffman was proceeding with very. 5 mechanistic,line of questioning about1-Quiltec. H e-G continued that line of ques.tioning to.a point i 7 basically where he had concluded it or was'about l l
.1 8 to conclude it. l 9 At'that point Rick wanted to discuss 1 0' what he had on his mind, which was the safety 11 concerns which are documented in the minutes that i l
12 I took of the meeting. () .13 At that point Rick became upset,: 14 emotional, and Mr. Hoffman sat back and didn't l 15 show a lot of interest -in what Rick wanted to cay.- 16 Q I see. ! 17 A I felt that Rick was -- became more 18 upset at that. 19 0 I am sorry. I didn't . recollect 20 correctly what you are saying to'me. 21 Now, what was the context? This seems L .22 to come.out of the blue a little bit. '"At'the 23 time of the meeting," and this is Paragraph 4, "I J 24- felt that Mr. Parks was being investigated, but I j 25 did not believe that he was being set up."' j i l
')
112 1 Why did you bring up this business of-
;t} being set up?
l 2 What was that all'about? 3 A .The statement in Mr. Parks' affidavit, , l 4 which basically. documents what he thinks I said ] l 5 after the meeting, used those words. 6 MR. 'UICKEY: You are' referring'to page 7 49 of f1 r . Parks' affidavit, the statement where he j 8 'says, "On'the way out Mark Kobi ~t o l.d me'what.we-9 had.seen was not the.Bechtel'uay. He t'o o felt 10 that'I was being set up."
. 11 I's that what you are. responding;to in-I 12 the affidavit?
i() ' 13 THE WITNESS: Yes. This was an attempt' 14 'for me for .t h e record to correct or clarify what. 15- Mr. . Parks had said in his affidavit about what he- j l 16 thought I said. l 17 BY MR. JOHNSON: 1 18 0 Could you describe, as best you'can 1 19 ' remember now, what the nature of the conversation ! 20 was when you l e.f t that meeting?
- 21' A He asked me what I thought. I told him
.22 that I was disappointed in the approach and the 23 line of questioning that Mr. Hoffman had uced to 24 get to the issue he was obviously interested in, 25 which was Quiltec. j i
-i-ir - - r 1- -
._______._.__._m.m_ -
_ _ _ _ _ , _ . _ _ ~ _ _ _ . . . -
l-c" 4 l113'- 'l t p.
'l- Q' Anything el s e ?' i f> l 2: A. I also told him that'I; definitely felt o
t hfe was being investigated for conflict of 3 l l '4' interest, which was n o t' the stated-purpose of the L '5 meeting as.Mr. Hoffman introduced'it. 6 'O Anything else? l 7 A- I believe that is it. ' 8 Q, Do ~ you remember what Mr. Parks told you? ) 9- A Not specifically. I. recall him asking 10= me for a copy of my notes. ! i
- l. '
l 11- He may have, although I-don't recall l 12 specifically whether it was duri'ng that walk'back () 13 or a subsequent discussion that'we had.about the 1- 4 possible need to obtain outside legal assistance. 15 I think he brought-that up as a result of the 16 intervies with Hoffman. 17 Q Did you provide -- you gave him some-
~
18 advice about it? ! i 19 A I don't recall if I did. 4 1 20 0 That' is all you remember about that j 21 meeting or that discussion? 22 A Yes. 23 0 Did you talk to Mr. Parks again between j 24 the time that you left that meeting and the 25 conversation we have already covered where you l i l
- -_ - _ - _ _ _ 1
114 q l 1 mentioned you talked to him again? ss 2 .A; No, I d i d n.' t . . j
. J 3 Q In your interview . with'Travis Brown,.y'u o I 4 mentioned a going-away party for 11 r . . Herlihy and 5' the time around w h i clr 11 r . Rekart had left and that 1 i
6 'there had been rumors floating around about .whe.re l 9
'i 7 they were going.
8 Was part of the rumors wher ever - he was j 9 . going.-- I am sorry, I' .a m m'a k i n g this too 10' confusing. 1 First with respect to Mr. Herlihy. 12 There was a rumor concerning that Mr. Herlihy:was
-() ~13 going .to-go with the job shop firm that 14 r . Sloane
~
l '4 and Mr. King had. connections with?. 15 A That is correct. 16 0 Where is that referred to? 17 A- At the bottom of page 2. 10 0 When y o u' say you recall there was a 19 rumor, do you mean in the context of the party, 20 the people a. _he party? 21 A At the party and outside the party.- u 22 Q Where was the party? 23 A The party uns at the !!a r i n e r . 24 0 Off site? 25 A Yes, off site.
h
., 115
, . 1 0 Do you remember the type of people who O 2 were at the party?
i 3 A I don't remember. I 4 Q People from your RD&D group? H 5 A Yes,'the administration building. 6' Q Mere any top manageme;4t people there, ! l 7 anybody at the King level? Was King there?. 8 A I don't'believe King was there. l l 9 -Q 'Thiesing? j i
'10 A I don't believe Thies.ing was there. )
l 11 Q Santee? l l 12 A No. {) 13 Q Larson? 14 A I don't..think'so. It was a pretty 15 low-key party. l 16 0 Lower level than-that? l 17 A Yes. 1 18 Q People like Dave Buchanan, Rick J I 19 Gallagher and Charley Hanson there? j j 20 A I don't remember, i 21 O You said "outside the context of the 22 party." What other context, these rumors? 1' l -- 23 A Probably my wife. She knew tii k e Kramer { \ l 2'4 (phonetic) for years and she was extremely 25 interested in understanding why he was leaving and j
-. .)
116/ L1 where',he-was go'ing. She probab1'y helped feed'me' () .2 i n f o r m'a t i o n . l 3 :Q Did she get informat~ ion from other R
'4 'w i v e s ?-
5 A SheLwor'ked at the Island. She provided L \ 6 ' administrative support for Buchanan's ] 1
'7. organization. She knew Mike and.a lot- of people i
I l 8 up there.- She was a good source of-information. 1 9 Q Did she indicate to you that nheihad J 4 D
- 10 l ea r n e'd some; rumors on-site about the connection l
l '11 between King and Quiltec? 12 'A Billy Sheen indicated to me that she-()' 13 h'e a r d Mike was going with this outside consultant.
~ 14 Ilow she' learned t h a t ,- I don't think she explained l
l 15 -that to me, but I assumed it'to be.from contacts l 16 on-site. I 17 0 rrom her work situation? 18 A Yes. 19 0 And she was working for Buchanan?
.20 A' Yes, an administrator.with Duchanan's 21' organization. ]
I 22 0 You-also refer to Rehart and rumors ' 23 'about where he was going. Apparently he was a l 24 little bit more mysterious about where he was ) 1 25 going. I
. . . .__________J
1 117 I I 1 Do.you recall what rumors you heard
- J 2 concerning --
you s a y - Ko b i . 'h a s no. knowledge as to
]
'3 why Rehart left, though he heard rum' ors.that 4 Rehart went to work for Quiltec.
^1 5 MR. HICKEY: That is'Travis Brown's 1 l
l l l 6 report that he hasn't seen before. L 7 BY MR. JOHNSON: , . 1 This is s o m e b o d y' 'el s'e ' s ) 8 0 I am.sorry. a 9 statement.about what you told him. 1 10 But could you describe-what-you were- W l 11 referring to, if'you referred to those: rumors?. 12 A I am not sure'what. you are asking. I() 13 0 "Kobi has no knowledge, though he did' 14 hear rumors that Rekart went to work for Q u i l' t e c . " 15 Did you tell Mr. Travis Brown something l 16 like th a't ? 17- A Yes, I did.
.q 18 0 And what rumors were you referring to'at )
l 19 that point? I 20 A Probably referring to either a 21 discussion or indications that Mr. Parks had given 22 me cbout where Ted Rekart had gone. l 23- 0 Anything else? ( 4 ^ " O-25 I L i I
118 , 1 i 1 EXAMINATION BY MR. HICKEY: 2 0 Mou think Mr. Parks indicated to you . . R I 3 that Mr. Rekart had gone with Mr.-Sloane and the i 4 organiza' tion.that Mr. Sloane and Mr. King were 5 connected with? I I 6 A Yes, Most of Le information I l 7 understood and knew about Quiltec and people that j l 8 had gone were given to me by Rick Parks. 9 0 Were you aware what Mr. Rekart had 10 officially announced as to where he was going when 11 he left GPU? 12 A Mo. () 13 O Could you look briefly at Exhibit.1. 14 That is your notes of the meeting. Now, would you 15 look on page 1. 16 In general, these notes were your 17 attempt to put down as accurately.and as carefully 18 as you could the statements that were made at the 19 meeting. Is that correct, Mr. Kobi? 20 A That's correct. 21 O I don't know whether you are able to add
- 22 anything-more to it, but your notes reflect on 23 page 1 about three lines down that Mr. Wheeler 24 apparently is speaking --
or Mr. Wheeler was not ! 25 an' attorney nor has he passed the bar. ____,_______.m.____m
119 1 Am I interpreting your note accurately? O 2 Is that referring to Mr. Wheeler or is that I 3 Uheeler speaking? 4 A That is I1 r . Hoffman speaking. 5 0 About Mr. Uheeler? i-6 A No, about himself. Mr. Parks wanted to l " l 7 know something about Mr. Hoffman, what his l 8 background was, whether he was a lawyer. 9 0 Uho made the statement that follows l ( 10 next? " Rick can leave at any time and need not 11 answer any questions." l 12 A That was Mr. Hoffman indicating to Rick , 1 O 13 enae ne had that oveton. 14 Q Did Rich respond to that at all? 15 A He acknowledged that. He understood it. 16 MP. JOHNSON: Which option are we 17 talking about? 10 T!! E UITNESS: He can leave at any time. 19 BY MR. HICKEY: 20 0 On the next page, ti t . robi, page 2, 21 about halfway down there is a reference to 22 Quiltec, Ben Sloane personal friend. That means 23 of Pick Parks? 24 A That is correct. 25 Q And then later it says, " Ben and nick
;7
.'1 2 0 1 used to discuss even prior to the start of 1
2 Quiltec." l a 3 What did they used to discuss? Do you 4 recall what you were referring to? 5 A The idea of establishing such an 6 interest as a job shopping organization' t h a't they. l 7 were owners and controllers of. c l
.8 Q And the next line, apparently you have
- 9. Ben crossed out a n'd it says, " Rick assumes that 10 Ben is'Quiltec." Is that what it says?
11 A Yes. 12 Q What does that-refer to, that Ben was a ( 13 prominent part of Quiltec? l 14 A That he is one of the founding officers 15- or chairman of the. corporation or.has holding 16 i n t e'r e s t . 17 0 And Rick was saying, Rick Parks was 18 saying to Mr. Hoffman that Rick assumed that' _t o be 19 the case? 20 A Yes. i 21 Q Then on.the next page, page 3, the
-22 second paragraph says, " Rick couldn't prove that 23 King was part owner but was confident in his own l
l 24 -mind that King was part owner." 1. l 25 That is what Parks said at this meeting? L I
121 -{ I. .? 1- A That-is correct. 12 - 0 Did Parks give any indication on why he .. 3; .was . confident in his own. mind that Kingfwas part , 4 o w n e r.? 5 A- I think he indicatedLthrough discussions 6: he-had'with Sloane that LarryoKing was involved or
-7 interested in what Den was.doing., and that 8- interest went beyond just, curiosity.
9 Q How about.four lines further, your n o t e'. 10' says, " Parks might.even believe that King may be 11' president." Am I reading your handwr.iting q 12 ' correctly? ! 13 A Yes. 14 Q I don't understand that. Was Mr. Parks 5 15 ' indicating that he did or did not think that King 16- was president? 17 A That he might be president, yes. 18 0 But Parks was saying he was uncertain? i 19 A He'had no conclusive evidence to prove 20- 'that statement. 21 0 Turn over two more pages, please. 22 I am pointing here. You have the letter i
- 23. 0; I guess need to start at the top just to get 1 24 the' context.
t 25 Th e page begins, " King stated Parks
i c-, ,, 122 I
'c o'u l d ~1 o o k at c o n ti e n t s of envelope, as they were.~
'1'
]-
f,^jA ~ 2' just resumes "- Is that r i g h t-? 4
' '3 A Yes.
4 0 'And then there apparently is a question ) 5- because you have written the letter 0 and the word
.6 "whose."
! l ll 7 So I1 r ..Hoffman asked'Mr. Parks whose I 8 resumes.were they? ,
~
L 9 A . Correct. 10 10 .And you have A, presuming Mr. . Parks I j- 11 a n sw e r ?- 12 A That is correct. 'h 13- Q 'And !!r. Parks said that the' resumes were l 14 Larry King's, Mr. K. Draper, that is Kingsley 1 15 Draper? 16 A Yes, and Mickey Hamby. 17 Q And then the note "maybe, not'sure."'
~1 0 What did Parks say?
-19 A- He doesn't specifically recall the.name 20 itself.
21 0 Did Mr. Parks mention any of the other 22 names 'o f the r es umes :tha t were included in this i 23 envelope besides the three you listed? 24 A I don't remember. 25 0 Since you were listing the names that we j l'
123 1 have'just gone over, do you believe that you would
.Q-_ 2' have written down additional names :that would have l
l I
- 3. been. identified?
i I 4. A Yes. 5 Q Your next note reficcts there.was some 6 discussion between King.and Parks about th e. 7' . format,' meaning the format of the resumes that-8 Hiss R i d d 1'e was to type. Is that right? 9 A That is correct. I 10 Q What- did Rick say about that, as best
'll you recall? !
i 12 A What I can recall nick explaining is ; (]) _ 13 that when he had approached Rose or was looking at 'l i 14- .having the resumes typed up, one of the questions l 15 or problems that.he encountered was the typist. ! I 16 It wasn't clear to a typist what format the resume 17 should follow because they were all different. 10 Rick had apparently brought that issue 19 up with Larry and suggested to Larry that they use l t 20 the format that his resume was in. 21 O "His resume" meaning Parks or King? 22 A Rick Parks' resume. And Larry basically 23 felt it was a good format and to go with that, i 24 0 Turn over two more pages. Apparently
.O J 25 this relates to part of the discussion after the
124 1 resumes-have~beenotyped.- And note that they were
^
2 returned, Parks believed, in a large white
)
3 envelope and so on. 4 And it'says here, " Rick photocopied and 5 kept copy for himself because he was curious. ; 6 Parks e ::p r e s s e d to Hoffman that he, Parks, had 7 photocopied all.the resumes that~ nose Riddle: had 8 . typed." .Is that correct? 9 A That is correct.
, 10 0 Do you recall anything about what' fi r .
11 Parks gave as the reason f o r' that, why he had done 12 that? () 13 A I think Rick indicated that he was 14 interested in understanding the background of 15 these individuals and wanted to have copies of l 16 resumes no that he could understand a little bit 17 more about these people and what t h e i' r ' experience l 18 was and uhat their backgrounds had been. 1 19 0 Did he indicate why he was interested in 1 l-20 what their backgrounds were?
- 21. A Mot as part of this interview.
l 22 Q Part of some other interview or at some 1 23 other time? l p 24 A Not specifically. l . %) ' l- 25 0 A few lines further down it says, " nick f
_ ~ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ 125 1 .; >
- 1. kept one-copy up until three to four days ago on ';
-. 2 his desk at work."
3 Did Mr. Parks'indicato what he had done . 4 with the copies three or four days prior.to the L 5 meeting? l
- 6. A I don't remember.
7 Q Then after. reviewing -- and that refers 8 to the resumes or the package that he had made a-9' copy of? 10 .A That is c o r 'r e c t . ' 11 .Q Rick noticed a proposal for a job from 12 Quiltec to' Beaver Valley Utility Company owned by O 13 aucea- neever va11er es a vower station- enee is 14 what Mr. Parks told Hoffman?
-1 5 A That is correct. ]
- 16 Q Did Mr. Parks say anything more.about' i .. .i 17 this proposal from Quiltec to Beaver valley that
'18 you r e c a ll'? 1 19 A Just.what the record here indicates. I 20 don't recall anything beyond that. I 21 Q Let's see. That says, " Proposal was 22 generic." Boiler plate was Hoffman's words your 23 note says. Right?
24 A Yes. 25 0 And then I can't read the rest. "Some L. .. . I
i 126- i u a m,
'. 1 provicions applied.'"
2 !!R . J OH f1S ON : Looks_like s a rr. e . 3' THE W I T11 E S S : Same provis' ions applied -
)
4' that ty p e heading'would change but not the 5' provisions. l 1
'6 This was almost like a standard.
7 specification that could be used for proposals.- l i 8 that all they had to do'was change the name of the .
-9 r e q u e s t i n g - o r g a n i z a t'i o n .
- l. 10. BY MR.- HICKEY:
- ll, l O I see. Mr._ Parks indicated that this 12 proposal was-of a nature that could b e. cent to
,f 1
h 13 many . utilities and not just to Beaver Valley? 14' A 'Yes, it was generic. And Mr.'Hoffman l 15 said it was like a boiler plate proposal, and Rick 16 agreed.
~ 1 7- Q Did anyone ~ ack Mr. Parks whether he knew 18 what happened to the Beaver valley proposal? Did 19- that come up?
20 A I don't believe so. 6 21 Q Did !! r . Parks indicate that he had any 22 connection with the Beaver Valley proposal other 23 than having reviewed this copy of it? 24 A I don't believe that came up. 25 .O Well, the context of the meeting and the
-___________-__.m_ _ _ _ _ _ _ _ _ _ _ .- --
127 14 quest' ions that Mr. Hoffman was asking of Mr. Parks tQ_. D 2 had to do with any connection that Mr.-Parks had
- 3 to'do.with Quiltec, did'it n'o t ?
4: .A Yes.
'S 'O were the questions that Mr. Hoffman l 6 asked of Mr. Parks 'o f a n a't u.r e that. they would -
7 have called for the information that .Il r . Parks' 8 resume was submitted to. Beaver. Valley,- if^that.had -i 9 been the case? l 10 A I don't understand the question.
~l 11
-O If Mr.. Parks' resume had been submitted -i i.
12 to Beaver Valley as part of the Quiltec p r o p o s a'1' , { 1 h 13 do you think that a truthful response to Mr. 4 14 Hoffman's questions during this interview would j 15 have disclosed that? 16 MR. JOHNSON: I object. The question is 17 general, l. l 18 There a r,e a lot of guestions, and which l-19 question it was a response to I think is material. 20 So if'you can say what question you are referring 21 to,.I think it would be a difference. 22 BY MR. HICKEY: ) I 23 0 Did Mr. Hoffman ask Mr. Parks to tell p 24 Mr. Hoffman about his involvement with Quiltec? l
'O l
-25 A Yes. l v l l
1 l
-1 I
128 1 Q D i d 'Fre ask him at'any point in'the () 2 interview w h e t h e'r there was any other involvement l l 3 with Quil te c that Mr. Parks had not. disclosed yet?
-4 'A Yes, I believe he did.
I 5, O Did you understand from'Mr.. Hoffman's l 6 question that Mr. Hoffman was trying to learn. )
.7 everything that Mr. Parks hed to do with Ouiltec? )
1
'8 A .Yes.
I 9 0 Did Mr. Parks disclose that'his resume i 1 10 had been'sent to' Reaver Valley as part of the ) 11 Quiltec proposal? j l. L i 12 A Ho, he did not. j () 13 0 Would you look at the last page of those 14 notes. l 15 A Okay. 16 Q There is a note here that I believe ) I 17 says, and this is after Mr. Parks has gone through 10 his comments about what he is concerned about and l 19 so on. I think it says "Will voice to V. P.," 20 presumably meaning vice-president, " tomorrow." i
'21 Did Mr. Hoffman or Mr. Wheeler make a 22 comment to that effect, that they would report or l
23 voice Mr. Parks' concerns to come vice-president 24 on the following day? 25 A This was Rick's statement, that he felt
129. 0 1 he would have the opportunity to voice this to M r .- -
'2 Sandford in the meeting following that.
i
- 3. Q Mr. Parks was aware.that: the meeting the 4 following day was already1 set up. Is that your
- 5. understanding?-
.6 A That is correct. l 7 Q So it was Mr. Parks saying that-he was ~!
8 going to go over this material tomorrow when h e-9 met with the vice president, Mr. Sandford?
'10 A That is correct.
11 Q I think you expressed some uncertainty 12 that Mr. Parks had made .t h e s e comments to you on
.([) 13 at least one, and maybe more than one occasion, 14 about his girl friend being terminated from'her 15 job at this night club or bar or whatever it was 16 and about Mr. Parks' concern about driving in.his 17 own car.
10 I think ,you may have suggested in i 1 19 response to Mr. Johnson that that subject may have l L 20 come up in the course of this March 14 interview 21 with Mr. Hoffman and Mr. Wheeler that you 22 attended. L - 23 But there is no reference to that ] 4 l 24 subject anywhere in these notes, is there? j 1 25 A That is correct. l l L l L i
( , j 130. h . L 'l MR. J O H 11S O M : I think . that the best i f': . . 2 ' indication of whether it is in the notes is..inLthe
.3 notes themselves. And it seems.to me there is a 4 statement in here.- Go ahead and I can correct it.;
5 BY HR. HICKEY: 6 0 I'am asking whether you think it is 7 likely that Mr. Parks would have'said at the lia r c h 8 14 interview 1with Hoffman facts about his. girl 9 friend being fired and suspecting that.that was 10 involved somehow with Mr. Barton-or his concerns 11 about drugs or alcohol being placedLin.his car, t j 12 and you w'ouldn't-have noted it. {). 13 I am wondering whether that is l'ikely i'n 14 your mind? 15 A It is not likely. L 16 0 In other words, if he would have made I 17 those comments, you probably would have written 18 them down? 19 A I took ten pages. I could have taken a 20 couple more.
'21 MR. JOHNSON: Eleven,- actually.
22 THE WITNESS: Okay. L 23 BY MR. HICKEY: 24 0 Carly in your comments here this
.O:
25 morning, you referred'to the containment entry
'f f' N '
\ , 131
\
u\ w- o .. 1 proceduroc and the fact',that you-ha'd a,fiscussion ' 2 with fi r . Parks. I i n 3 Do I understand tnat y'/u were required 4 as part of your duties to be faciliar with n L 5 containment entry procedur#es a'ici ;t o cg/aply with , 6 them when your tasks r e q u i r e d ' (; o i n g into 7 N i 7 containment for completion of the-4.ske? 8 A That is correct. ,! ' j r' 7 y, 3 , 9 Q And fI r . Parks came to yos at s om e , jth i n t s 10 and expresced a view that site o p e r a' t i o n s ,' 11 particularly fi r' , Parks,'were.not familjar with 12 those p r o c e d u r e s ^/, , 13 A Yes. .; 14 0 ! And you assisted by expla(nbr.g,":o ' him ]4 I 15 # how the procedures worked and what you had to do 16 in order to make a, containment entry. Is that 17 correct? r y 18 A He asked, if I would, andb > yave'him 19 guidance on how the process worked and what would 7 20 be expected of him. / 21 0 And then you said something that I 22 understood to be saying that you saw on a routine 3' , h 23 basis schedules for containment entries. A ns; , 6 t l 24 because you caw some references to site o p e't a t i o n s ) O ^ n 25 planned containment entries moving through th'e ,
+
si l t /> N vi ! ,{ u______________ _ i
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+
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J >, 132. t l!{': )
' M, -
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'l . a pp r o v a l ~ c h a i n , y o u - f i g u r e d t h at .J- y o dri e x p Ea n gi t i 9n s 'q
, j) <- J +,
~ '
2 to Mr.. Parks had..h'elpedLhim to underst.an& how.ti. >- l e 0; ; l c' ic\ , )
~
- l. 3 go'about doing it. Correct? I. . ; ,
3
+' ) \.
it
't .w 3
1-4' A. Yes.. p .' _ . i . '
],.' ' 'j _
l
- q. J; . i
. . s 5 Q- ~ Because it looked like-ac was compayi g
^
. -)
6 with'the procedures to set tip containment . e n tl t y ? J 7 A Yes, f /" f > 8 O Shortly'therecftqr d i d ' y o u h a *i,e o c c a s i o n'
- . t l 9 to learn 1 of an instance where s i t e -C r[e fa thi o'n s Na d 10 made what has been referred.to a s. midnigh
- p. j 9 ,. $g ' O (A 11 ' containment ' entry that was not i n, a c c o r d a n t'e with l
12 procedure? , i
/ 'I c 13 A Yes.
14 0 How did you learn about that;? j-
.tj 15 'A It may have.either bsen from Ten Morris- ]
16 who mentioned it to me the following d a y ,. br I 17 learned of it throuph the c o n t a i n m e,Nt ' e n t r y M i ci *
' jd l 18 program. Because a c'r; i. v i t i e's required the
'i 19 following day in containment were i m p a c t: e d as.6 4 j
/
. )
^>,
a. 20 result of that midnight run.'; ' l-si 21 Q Because was t h e t <t ' s o m e limit on the sh 22 number of entries t6et ,n could be made in a ej iv e n 23 time perio6? .; 24 A- No. There 'f a s s o ic uncertainty as to i i-l 25 what had been accomplipNed ,thq night before, and ' 4
.)
______________t f , i
_ ,. [ '- y .,
- i y {i !
, 133 y, ,
W 1 whethdr or not whatever uas done in there affected l Qr. ?'r 2 uhat was planned for the next day. l 2 1 3 And I had, I believe, activities that 4 were required to b e. done incide containment that i l l 5 day or the following, day and my efforts were j 1 ' l G impacted because el ' Cat. . l e; c . ,
>]\ 7 0 Did you learn there had been an )
1
. G ' u n a c t. h o r i z e d entry in containment by Site 9 Operations perconnel?4 10 A Yes.
11 Q Do you k n o .e whether !! r . Parks was 12 involved at all'in the plan to make the entry? I k 13 A 11 0 t Lt the time. 14 O Did you later learn that? 15 A , yes, I did. 16 0 I! o w and when? 17 A I believe I!1 earned it through some of la the c o n t a i n n.e n t e n,t r y coordinator people. 19 I?e hdve cpecific people who are 20 responcibic 2cr monitoring the containment 21 p tc' g r a m . And I belie've I learned through one 22 individual, Beverley i: c i-: u l l e n , who vac in charge 2 ~4 . of the program at the time, that it had been Site
'04 operations who come of the individuals may have G iJ 25 been.
i , l
-.._1. ________.E_.___________.____._. __ . . . _ . - - - - - - .-_ _ _ . - -
. 134
-1 0 And that the~ entry was n o t : i n 'a c c o r d'a n c e .
)'! 2- 1with procedure? d.
I 3' -A That is c o.r r e c t . i. 4- Q. Did you-ever discuss that'with 11 r .
.5 Parks?
l 6- A No, I- didn't. 7 0 Do you 'know what the nature of: the 8 procedura] violation.was with regard to the entry 9 by Site Operations? 10 Do you know specifically what: theyf did. l 11 that was in violation of procedure orlwas it= j ust 12' the entry? [( . 13- A I am not sure how to answer.that 14 question. There was specific procedures, approved 15 procedures, that. governed what requirements:had to 16 be applied for a containment' entry; need for H. P. 17- surveys prior to the entry, need to monitor and 18 maintain personnel at air locks, and need to have 1 9' command center manned. I think there was a l 20 requirement to have a tie in the voice -) l 21 communication in place for communication with j 22- control room. l l 23 Those processes may not have been l 24 performed or circumvented in the entry that was 25 made overnight. L l I L . .. . i
135
-l' Q And was.this shortly.after your 2 discuss' ion with Mr. Parks in which you explain 5d 3: Lhow the' procedures operated?
4 A Yes. 5 MR. -II I C K E Y : No further questions. 6 .Thank-you. 7 8 E X AllI N AT I O N L- B Y MR. J O!! N S O N : 9 Q. You came tofbelieve that the procedur.es 10- 'were' violated. Was'this ever written up anywhere, 11 the violation? 12 A. I b e l'i e v e it was. I'believe there was a I() 13 radiological deficiency notice of some sort ~ issued
~
14 by the health physics type organization'that l'S supported containment entry programs that wrote'it 16 up as being noncompliance with the required: 17 program. 18 0 And it i,s your recollection that this
-19 - notice indicates that .those procedures, you 20 mentioned a few things, monitoring and the guard 21 hadn't been.followed?
l 22 A I am not sure. If it had been a 23 radiological deficiency, it would have suggested 24 that radiological programs, procedures, had been 25 violated.
136
'l- It may not have addressed-other O 2 administrative aspects like communication-with-the control; room or manning requirements, but-it would 4 have addrecsed the radiological aspects of the
- 5. -entry.
6 0 And'you are aware that a r a d i o l o g i c a~1' 7 deficiency was generated? 8 A I am fairly confident that one was. 9 generated. I heard of it and I recall some 10 discussions about.how it was going to be 11 dispositioned and how it-would be responded-to I ! 12 after the entry was made. l-() '13 0 You said it was impacting what you did l 14 the next day. How did it impact that? 15 A There was uncertainty on part of the 16 entry coordinators what activities specifically l; ~l 17 had been performed inside of containment, . whether 18 or'not any system operations had been performed, 19 system functions had taken place which change the l 20 configuration inside containment. .j l 21 And because of uncertainty about what j l
-22 existed inside containment, there was reluctance
.23 on the part of containment entry people to allow 24 previously approved, previously scheduled tasks to 25- go on in there until that understanding was made
i, 70
.1- 'O : nut how about-these: comments at-the O. '2 b o t t o m -- o f page 8?' Wh e n J w e r e ..t h e y w r i t tie n'?
i 3 A .They were' written --
]
4 0 In.a chronological order? 5 .A .Yes. 6 Q During the. interview? i 7- .A- Y e s .. 4 8 Q Do you recal-1 this: statement, " Rick felt 9- Hoffman ~was sincere"?" 10 A Yes, I did. Mr. Iloffman did not divulge-11 to Rick 1who would receive'the information that was 11 2 .obtained at that meeting.
- 15 h '13 MR.. HICKEY: . Ibe g your pardon.
14 THE WITNESS:. Mr. 11 o f f m a n d i d not ! 15 divulge who would rece'ive the information obtained . I
-16 at that. meeting.
17 MR. II I C K E Y : Well, I don't understand. I 10 You'just read a note that said " Info exchange 19 confidential to Bechtel and others who have l. 20 absolutely -- I
'2 1 THE' WITNESS: Rick' wanted to know who 22 that person was, and Mr. Hoffman .d i d not divulge 23 that.
24 MS. KUENSTER: Didn't identify the
)
- 25. individual?
l
'i 71-l' THELWITNESS: Right, who.would review HO; 2: the - i n f o r m'a t.i o n . And Rick felt uncomfortable l
3 because of that. 4 BY MR. JOHNSON:
-5 .Q Heididn't k n o w-' w h a t would be done.with 6 i't?
7 A. R i g h t '.. B u t' Mr. Hoffman' assured h i m-- t o' 8 say' "I aminot here-to harm you, Rick. Do you' 9' believe I am here to harm you?" 10 And Rick responded that'he-felt that M r'. 11 Hoffman was sincere, was out to.do'a job, and he
- 12- didn't have anything to fear from lir. Hoffman and OL 13 what he was aoins.
14- Q Did M r .- Hoffman indicate to Rick at that ] 15- time or'during this interview .that Mr. Parks was
.16 the' subject of.the investigation?
l 17 A No, he didn't. i 18 0 On top of page 9 appears the subject i 19 turns to management threats which you have here, ! 20 Rick'c quettions? ) i 21 A Mr. Hoffman basically puched his chair ' 22 back from the desk and said, "I have no more 23 questi'ons, Mr. Parks. Do you have any questionc?" 24 And Rick proceeded with this line of questioning. 25 0 It describec or mentions threats, t
'l
' 7. 2 .j y.
. . , 1- intimidation. These'are: description'of what Mr. ;
O- 2 Par'ks was stating? l l
'3 A' That:'is . correct. 'l
-1 1
4 Q. Did he give any details to Mr. Hoffman 5 and Mr. Wheeler concerning threats and GL intimidation, evento, people, namec?. j 7 AL 'I believe he did. I believe he' brought
'I l 8 up the issue of his girl friend and possibly -- he j l
9' nay have mentioned the-issue of the car and the .i 10 fact that he was thinking about not driving to I 11 work .in his.own v e h i c 1'e . Jl 1 j 12 Inbelieve he got into come detail about= 13 that. 14 Q. Did he. mention a conversation with Mr. l l
'1 15 Kitler on-February 18 concerning a threat on.
l 16 having him transferred? i 17 A. I believe he did, yes. ; 10 MR. HICKEY: Specifically mentioning Mr. l '9 Kitler, Mr. Kobi, because I don't see Mr. Kitler's 20 name? 21 THE UITNESS: I don't knov'if his name 22 came up, but he had been advised by another j q 23 employee at the site. :l l 24 BY MR. JOHNSON: 25 Q Do you remember any specific names
l 73 i l' associated with: t h'a t allegation? 2 A, I don't remember him mentioning Ed
'3 Kitler's name.
4 Q Dut-other names? 5 A Or-any other names. 16 0 But apparently f r om'_ th es e notes it says , l
- 7 'two. threatening occasions, two separate weeks.;
a 8 Did that-indicate-anything more_ specific.than~that ] 9 in your recollection?
'10 A I don't recall.
- 11. O What those threatening occasions w e r e' ?
12 'A .Right. h 13 O What about this statement, -February 18, 14 1983, 8:00 a.m." 15 A Passing through the< gate. 16 0 What does that indicate? 17 A I believe this was-the -- Rick was 18 explaining to Mr. Hoffman that an individual, . l 19 another employee had approached him as they were 20 coming to work one morning walking through the 21 gate on the way to the offices and indicated that 22 he -- that employee indicated that he better watch 23 his step. 2 4' O Do you recall whether Mr. Parks
)
25 mentioned the name of the employee? ; l l. l s l l L - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ - - _ _ _ _ _ - - - - -
' 7 4 -.
,.. 1 A' .No, I' don't.
10 - 2' O So':you-wouldn*t remember the name,-or-3 would you?
.4' A I don't remember it coming up in,this 5 meeting. )
l But.you later learned? 6 O l 7 A I later read.it in the affidavit.- j i 8 MR. HICKEY: You wrote down "Bechtel' l 9 i n f o r m a n t .' " I take it if Mr. Parks had named a ' 10- particular Bechtel informant, you would prob ~ ably
- l' 1 have' written downLthe name?
12- THE WITNESS: I.probably w o u l'd have h 13 written down.the individual's name.
~
14 MR. HICKEY: Because at the bottom of 15 the page you. write, " Rick stated that' King and-J 16' Chwastyk had repeated threat." 'And you wrote down 17 the names there. 1 l 18 THE WITNESS: Yes. L 19 DY MR. JOHNSON: 20 0 Was there any question and answer going . 21 on here or was this just Mr. Parks talking? i:. 22 A' This was almost exclusively Mr. Parks at ls L 23 this point. Mr. Hoffman expresced and showed no 24 interest in'getting involved in this issue. 25 Q He had done or accomplished his purpose.
137 1 known to everybody. l
.O 2 0 How was it resolved, the uncertainty? l l
I believe it was determined that tha 3 A 4 activitiec performed by Site Operations were j 8 l t 5 minimal manipulation of certain cystems and I l 1 6 valvec that were requireed ac part of a normal l i I 7 surveillance program, and the effect on the l I 8 cubcequent containment activitiec was minimal. t J 9 And they allowed those activities to proceed. l l 10 MR. J O H U S O!1: No questionc. 11 II R . HICKEY: Ho questions. 12 () 13 (Depocition a dj ourned at 1:30 p.m.) 14 15 16 17 18 19 20 21 22 23
^
25 l 1
138 l l LEBZ1EICb33 i em ' ! Aw,) - I I, cuen A. Leary, the officer before whom the within deposition (s) was taken, do hereby certify that the witnesn whose testimony appears in the foregoing deposition, was , duly sworn by me on said date and that the transcribed deposition of said witness is a.true record of the testimony given by said witness; That the proceeding is herein recorded fully and accurately; That I am neither attorney nor counsel for, nor l related to any of the parties to the action in which these depositions were taken, and further- that I am not a {~) relative of any attorney or ' counsel employed by the parties hereto, or financially interested in this action.
~
fU- - Gwe. A. Lear , I eport .r
'?otary Public l
f s (~\ , N) l l l 1 l
}
s
) ..
5
.y'.
t: - 1
. J ..
.h, r
i. I have read my deposition and'it is true'and. - correct except for'any corrections'noted on the~ attached erratta sheet. I
'. \
'l
'l i
Date IIark Kobi r O 1. 1 1 l' l 1. l l' 1 1
$ {
l THELEN MAHHIN, JOHNSON & OHIDGES l AT TORNE Y S AT L AW j two tu.ancaotno cents"
.a m a n anc e.co. c a .4 sti ONE K AiSER PL AZ A "'00"'"'"V""OW#'"
.vitt soo see.#s.a esso SUIT E 19 50 ,,g ,o ,eg.c.,c. one.o i
fatta ad-o.o. ca.it futman O A K L A N D, C A 9 4 612 e,ess .se .aco tetrcopita eas.: see o*. ) 14 8 5 p 8 9 3 - 519 5 l TrtEcopate 64 56.et90 6 "' ' " * "***
*"'. A m so s t. c a .5 4 e 2 1 j
233.ov, .. o veuve i.o. e.e ..oo Lo. AhoELt s C A .co FI j 1
...... ..oo reta ..-. 7.c..s 1 -..t..
April 6, 1987 ...o va . .- ..ca . . oo 1 ov.,. .....,,oc, ; es6eco.... inia..es .r.e ,,.2,......n ; Ms. Gwen A. Leary, Reporter Monick Stenographic Service, Inc. ) j 1413 Old Mill Road j Wyomissing, Pennsylvania 19610 Re: Deposition of Mark Kobi
)
Dear Ms. Leary:
( { Mark Kobi has read his deposition and made the followig j changes- l
}
Pace 7, lines 13, 15, 25: " generating core construction", " Core construction procedures?" should ; be checked for accuracy, they don't make sense; line j 25: " involved in" should be changed to " aware of". ! es I \ Pace 10, lines 14, 25: line 14 should read
/ Disassembling and Defeuling. Line 25, "Not" should be
)
changed to "No". ] i a Pace 22, line 22: should be changed to "he should attempt...". 1 Pace 24, line 17: should be " meeting was that".... ! Pace 25, line 6: " route" should be changed to " group". Paae 38, line 25: " fire" should be deleted. Pace 61, line 25: "asking" should be changed to
" answering".
1 Pace 62, line 16: "L. L.' should be changed to "L. K.". I i l l f es , f f i -_-----------------------------------o
.}
, -Ms. Gwen A. Leary April'6, 1987 m Page Two I Pace 93, line 21: "the" should be inserted in front of
" break".
1 A Pace 96, line 8: "him" should be "them". ' Pace 115, line 23: " Mike Kramer" should-be changed to
" Mike Herlihy". ;
Pace 116, lines 12, 22:- " Bill Sheen" should be changed to "she" in line 12, "Rehart" should be "Rekhart". 1
- Thank you for your cooperation and prompt attention to j this matter.
l i I Very truly yours, ! THELEN, MARRIN, JOHNSON & BRIDGES nnife A. uenster JAK/ dig A j cc: Patrick Hickey, P.C. i ... George E. . : Johnson,. Esq.:.
'V Charles A. Barth, Esq. 'l
)
l l O}}