ML20238C652
| ML20238C652 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/10/1987 |
| From: | Kanga B BECHTEL GROUP, INC. |
| To: | |
| Shared Package | |
| ML20238C505 | List:
|
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8712310131 | |
| Download: ML20238C652 (159) | |
Text
ORIG N'A' UNITED STATES 9
NUCLEAR REGULATORY COMMISSION i
IN THE MATTER OF:
DOCKET NO: 50-320 l
(Civil Penalty)
GPU NUCLEAR CORPORATION License No. DPR-73, EA84-137 (Three Mile Island Nuclear Station, Unit No. 2)
I DEPOSITION OF BAHMAN K.
KANGA j
l l
l LOCATION:
GAITHERSBURG, MARYLAND PAGES:
1 - 151 DATE:
FRIDAY, APRIL 10, 1987 ACE-FEDERAL REPORTERS, INC.
Official Reporters 444 North Capitol Street Washington, D.C. 20001 (202)347-3700
!Dg23gggggg50gg320 NADONWEE COsmCE T
- 8o 1
1 UNITED STATES OF AMERICA
)
2 NUCLEAR REGULATORY COMMISSION ORE THE ADMINISTRATIVE LAW JUDGE 3
- _ _ _ _ _ _ _ _ _ _ _ _ _ _,_ _ _x 4
In the Matter of:
Docket No. 50-320 5
(Civil Penalty)
GPU NUCLEAR CORPORATION 6
License No. DPR-73 (Three Mile Island Nuclear EA84-137 Station, Unit No. 2) 7
- - - - - - - - - - - - - - - - - -x 8
9 DEPOSITION OF BAHMAN K.
KANGA 10 Gaithersburg, Maryland 11 Friday, April 10, 1987 12 rw Deposition of BAHMAN K.
KANGA, called for examination
()
13 pursuant to notice of deposition, at the offices of the Bechtel 14 Corporation, 15740 Shady Grove Road, at 9:45 a.m.
before WENDY 15 S.
COX, a Notary Public within and for the District of 16 Columbia, when were present on behalf of the respective 17 parties:
18 GEORGE E.
JOHNSON, ESQ.
Office of the Executive 19 Legal Director United States Nuclear 20 Regulatory Commission Washington, D.
C.
20555 21 On behalf of the Nuclear Regulatory Commission.
22 J.
PATRICK HICKEY, ESQ.
Shaw, Pittman, Potts 23
& Trowbridge 2300 N Street, N.W.
()
24 Washington, D.
C.
20037 On behalf of GPU Nuclear 25 Corporation.
-- continued --
ACE FEDERAL REPORTERS, INC.
202 347 37(x)
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APPEARANCES (Continued):
2 KENNEDY P.
RICHARDSON, ESQ.
Thelen, Marrin, Johnson 3
& Bridges One Kaiser Plaza 4
Suite 1950 Oakland, California 94612 5
On behalf of GPU Nuclear Corporation.
6 7
8
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACE FEDERAL REPORTERS, INC.
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CONTENTS 2
WITNESS EXAMINATION 3
Bahman K.
Kanga by Mr. Johnson 4
4 5
6 7
EXHI BI TS KANGA DEPOSITION NUMBER IDENTIFIED g
Exhibit 1 37 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACE. FEDERAL REponTEns, INC.
202 387-3700 Nationwide Cmerage 800-3364M6 l
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P,R O C 3 g D
,I_ N G S 2
Whereupon, 3
BAHMAN K.
KANGA 4
was called as a witness and, having first been duly sworn, 5
was examined and testified as follows:
6 EXAMINATION 7
BY MR. JOHNSON:
8 Q
Mr. Kanga, is it Mr. or Dr. Kanga?
9 A
Mister.
10 Q
Mister, thank you.
Would you p. lease state your 11 full name for the record.
12 A
Bahman K.
Kanga.
13 Q
Your current address, please.
14 A
1214 Fallsmead Street, Rockville, Maryland 20854.
15 Q
Your current position?
16 A
I am retired.
17 Q
When did you retired?
18 A
Retired end of the day, March 31, 1987.
19 Q
Congratulations.
20 A
Thank you.
21 Q
From what position did you retire?
22 A
I was vice president. and operat. ions manager for 23 functional departments.
24 Q
For functional departments?
25 A
Yes.
I had the responsibility for overview of g
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1 several departments in Bechtel Eastern Power Corporation.
2 Q
How J ong did you hold that position?
3 A
I held the position from about August'of 1984.
4 Q
Prior to that position, what was your work?
5 A
Prior to that, I was director of TMI-2.
6 Q
You were director of TMI-2 from approximately
'7 September, 1982?
8 A
From August of 1982 to August 1984.
9 Q
Prior to the director of TMI-2, what was your 10 position?
11 A
I was manager of division engineering in the 12 Gaithersburg office.
13 Q
What did that job entail?
14 A
I had the responsibility for the total engineering 15 department in the Gaithersburg office.
16 Q
Did that include startup and test?
17 A
Yes.
18 0
What were the dates of your holding the manager of i
i 19 division engineering at Gaithersburg?
20 A
That was February, 1980, to June, 1982.
21 Q
There is a slight gap between June and August?
22 A
Yes.
The reason for that gap is that in June-July 23 I worked with Mr. Arnold at TMI-2, to essentially work out an 24 organization which was implemented in September.
So during 25 those two months, I did not have any direct responsibility at ACE FEDERAL REPORTERS, INC.
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1 TMI-2.
2 Q
This was the reorganization, the integration of 3
Rechtel and GPU employees?
- )
4 A.
That is correct.
]
5 Q
Were you at the site often during that period?
)
6 A
Yes, I was, most of the time.
J 7
Q Had you been at Three Mile Island working prior to 1
8 that time?
i 9
A No, I did not work at the Island.
10 Q
How long were you an employee of Bechtel?
11 A
I started with Bechtel in April of 1962.
12 Q
Did you hold primarily technical positions between r
s
+
13
-- or managerial positions between 1982 and 1980?
14 A
I was electrical group supervisor, then assistant i
d 15 project engineer, then project engineer, then chief j
1 I
16 electrical engineer.
I was engineering manager and project 17 manager in those periods.
1H Q
Are those successively more responsible positions?
i 19 A
Yes, that's correct, 20 0
Is it fair to say that you and Mr. Arnold are the
'21 author of this integrated organization that was effectuated 22 in 1982 at Three Mile Island Unit 2?
23 A
Actually, the concept of having a joint 1
24 organization was formu]ated before I was selected to be at 25 the Island.
My purpose in going and spending two months at ACE FEDERAL REPORTERS, INC.
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1 the Island was to see how that concept would be implemented.
2 0
So your job was.not to conceive of it, but to 3
implement it?
4
'A That's right.
5 Q
Did you have any role in assigning the 6
departmental or division managers that were directly below 7
you?
8 A
Yes, correct.
9 Q
Mr. Thiesing?
l 10 A
When we formulated.the new organization, we also 11 decided who-would take those positions.
12 Q
Did you have any role in the assignment of Hichard O'
13 Parks -- first of all, you are acquainted with the name of 14 Richard Parks?
15 A
Yes, I am.
16 Q
Did you have any role in the assignment of 17 Mr. Parks to Three Mile Island for Bechtel?
18 A
No.
19 Q
Did you have any role in the assignment of 20 Mr. Parks to work under Mr. King?
21 A
I did not have a role.in it, and I recall that at 22 the time of the reorganization, Mr. King needed additional 23 help in terms of certain engineering positions, and I recall 24 that there was some discussion between Mr. Kanga and 25 Mr. Thiesing at that time on Mr. King's request for certain l
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individuals.
Mr. Parks may have been one of them.
I am not 2
sure of that.
3 Q
During the fall of 1982, were you aware of 4
Mr. Parks being assigned to Mr. King?
5 A
I may have been vaguely aware of that fact, but I l
6 did not really have any notice of it.
7 Q
Could you give me a very brief, few sentences, 8
thumbnail. sketch of what your work entailed as director of 9
TMI-2 during this period of fall-winter '82-83.
10 A
Okay.
My position was director of TMI-2.
My job 11 was to implement the engineering construction startup 12 operations requirement for ultimate defueling and cleanup of 13 that unit.
The initial process was to find out more about 14 the damage to the reactor core, and then to essentially 15 remove the reactor head and other components inside of the 16 reactor vessel, and then ultimately remove the fuel.
17 0
Did you become aware in December of 1982 that 18 Mr. Parks was appointed to be alternate startup and test l
19 supervisor under Mr. Kitler?
20 A
I was not aware in December of
'82.
21 0
Could you tell me when you first became aware that 22 Mr. Parks was in that position?
23 A
I thi nk I became aware of that when Mr. Parks 24 issued his affidavit and had a press conference around that 25 time.
I am going by memory.
J ACE FEDERAL REPORTERS, INC.
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Q Okay.
Hopefully we will be.able'to refresh your 2
recollection.
3 Q
Are you familiar with the name Dwight Walker?
4 A
Yes.
5 0
When did you first 3 earn of Mr. Walker, if you can 6
recall?
7 A
About the same time.
8 Q
Did you have any role in his assignment to Three 9
Mi]e Island?
10 A
No.
11 Q
Were you aware that he had been brought to the 12 Island for a particular purpose?
13 A
No, I don't think so.
14 Q
Did you become aware in December 1982, January, 15 1983, of disagreements between the site operations department 16 headed by Mr. King, and the recovery operations department, I 17 think it was called, or operations recovery department, 16 headed by Mr. Thiesing concerning the head lift schedule?
19 A
We had several discussions on head lift schedule 20 around that time.
21 0
Did you become involved in resolving the issues 22 that arose?
23 A
To some extent, yes.
1 24 Q
Could you describe your involvement?
25 A
Well, before we talk about that, we had a major ACE FEDERAL REPORTERS, INC.
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1 effort in the later part of 1982 to prepare an overall 2
schedule for the TMI-2 project.
So I was involved in I
i 3
preparation of that schedule, and so were all the managers i
4 that reported to me and many other people.
5 With that, we also then prepared detailed 6
schedules for the steps that needed to be taken for the 7
removal of the reactor vessel head.
I 8
0 When you say "we," do you mean Mr. Thiesing's 9
people?
10 A
Well, and there were -- the whole project was 11 involved in it.
Mr. Thiesing's group, which was the 12 i mp.l ementi ng, in terms of the actual work to be done, but I
+
13 there were other groups, such as operations and the Jack 14 Devine's group, which was the technical program group, were 15 involved in the whole effort.
16 Q
Is that like a technical support?
17 A
Well, they essentially prepared the technical 18 methods by which the process was to be implemented.
19 Q
What was Mr. King's department's role in this?
20 A
Mr. King was the operations director, and his 21 position was in terms of supporting the efforts towards the 22 remova3 of the reactor vesse3 head.
23 Q
Is it fair to say that his role was more directly 24 connected to the Jicensed aspects of Three Mile Island, Unit 25 2,
and Mr. Thiesing's were more oriented toward the l
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construction and refurbishment operations in that 2
connection?
3 MR. RICHARDSON:
I think you need to clarify whaL 4
you mean by licensing aspects.
4 n
5 DY MR. JOHNSON:
it
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6 Q
The licensing aspects, compliance with NRC' l'a 7
requirements and guidance.
.t 8
A Yes.
The whole effort was under supervision of i,,'
9 NRC at the job site, or I shou 3d say'evel'vdew, not i;
10 supervision.
s 11 O
Yes.
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12 A
The actual work and. the overall prograir and c'.te c
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13 processes were reviewed by NRC, So th'e' actual wor,h that wat-1 l
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l 14 being done under Jim Thiesing *c ;,roup was alro revi6wed by e
15 NRC.
But Mr. King had the renfonnibil,1 ty, in: teams c,f the i
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16 operating J icense and comp.I f ancei + pith t'he techicin j ' ('
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1 17 specifications, r'
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j 18 O
Thank yo6.
That is what I pas driving at/
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19 Did there come a, time in thysinter of
'83, L
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1 20 January to February-March i>eriod, where the se.',/;dule'v"4 J
e 21 falling behind, the set)edul e for the head lif ?
The u~hedulb van ed f rom tivie f e' )fne, and therb 22 3
u.
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23 were ti.mes when certain steps were behI A schedule.
f' 24 MR. RICH E') SON:
I mi sow y[ what time period dre
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25 we talking about?
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'HR. JOHNSON: 'Jatirbry to March of 1983.
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'MR, RICHARDSON: ifn11'rQhl..
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EY HR. JOHNSON:
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Q Was it tx,he that the probedur.es for the polaY t
h 5
crane and their approval were prerequisite;es to lifting the 6
head?
We had to essentially refurbish the. pokdr crane
I 7
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8 a r,d they tes t it before we would use theJpolar crane to
't 9
remove the head.
b 10 Q
Did/you become aware, in February 1983, of 11 objections t6at people in site operations were expressing to 12 people in Mr. Thiesing 's departu.nt concerning the ' compliance -
O i.
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14 pC?ar'erane load test and other tests with licensing a
15 requirdw n ts, andtheadministrativerkquirementsthat,foll f..
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16 under the liegnsq?
i 17 Okay, I thiah younare talking about the lhj.>
implementing procedcres for doing the work, complying with 19 sene 6C the administrative pr ocedures that existed at the 20 Island.
21 Q
Yes, sir.
22 A
Yes, I was amtre cf that.
23 0
When did you firgt become aware; can you reca13?
24 A
I became aware of that in February, when I was t
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1 comments on some of the implementing procedures was being.
discussed.
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3 Q
You gave a deposition to Mr..Stier back in 1983.
1 pl This is from that, I think it's pages 70 and'71 where you
~
5 start discussing a meeting.
Was the meeting that you are 6
referring to discuss the polar crane implementation 7
procedures on February 22?
8 A
Yes, I believe so.
g; i
9 0
What was your role in that meeting?
d i
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A Since I was the director of the Unit, my role in l'
1h that meeting was to make sure that the comments were properly i
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12 reviewed and properly resolved, n
6 13 Q
Are the comments that you are referring to the w 14 comments of site operations, and in particular to the 4,
'15 comments of Mr. Parks?
16 I A
There were those comments plus other comments..
I l
17 don't recall all the comments that were being discussed.
18 Q
Do you recall seeing this document at that time?
l 19 You wouldn't have seen it in this form, because it's a i
20 version that was signed on the 25th of February, 1983.
l 21 A
Yes, but similar comments, yes.
1 2Na O
Those comments were before you at that meeting?
l 23 A
Yes.
..s 24 0
When did you first become aware - well, for the 1
25 record, I was pointing to Mr. Parks' February 8,
- 1983,
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comment resolution form with regard to the polar crane task 1
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group.
Do you recall when you first became aware of that 3
document?
l l
4 A
Do you mean this document?
5 Q
No, I mean the document that -- as it existed 6
before Mr. Radbill's comments were put on it.
7 MR. RICHARDSON:
Could I ask you to be a little 8
more specific.
Are you ask.ing the witness when he first 9
became aware that comments had been made, or are you asking 10 him when he first became aware of the existence of the 11 document, or are you asking him when he first saw the 12 document itself?
13 MR. ZiOHNSON:
Right.
Three different questions.
14 Good point.
15 BY MR. JOHNSON:
16 Q
I would like to know answers to each of the 17 questions, please.
18 A
Let me say, I attended that meeting on February 1
19 22.
I was aware of the specific comments, because we had 20 discussed many of those comments, comment by comment.
21 Q
Yes.
22 A
I don't recall exactly which date, or uhether at 23 the February 22 meeting I was given a copy of this to look 24 at.
I can't vouch for that.
So I can't te)) you when I saw 1
25 this particular document.
I was aware of the comments, we ACE FEDERAL REPORTERS, INC.
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discussed some of the comments, some of the comments were l
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resolved-and others were not.
3 Q
I would like to go back to the origination of the 4
document just for a second and ask you when -- Mr. Parks,
)
5 it's indicated from this document that he prepared it on the
.)
6 17th of February, and,,ubmitted it on that date.
I was.just 7
wondering whether you became informed by Mr. Radbill or 8
Mr. Lake -- Mr. Lake was the person to whom communications 9
about this were addressed on March 1 by Mr. Chwastyk as 10 acting director of site operations.
I ref.er to him and 11 Mr. Radbill because he was the originator of the solution.
1 12 Did either of those individuals, or any other 13 person like Mr. Thiesing, in recovery operations, bring the 14 comments of'Mr. Parks to your attention contemporaneously 15) with their Deing originated on February 17?
16 MR. RICHARDSON:
Excuse me, by contemporaneously, 17 are you, in plain English, asking him whether the existence 18 of the comments came to his attention on February 17?
19 MR. JOHNSON:
Yes.
20 THE WITNESS:
The comments came to my attention on 21 February 22.
22 BY MR. JOHNSON:
23 Q
The specific comments?
24 A
Yes.
25 Q
Did you become aware at an earlier date that ACE. FEDERAL REPORTERS, INC.
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somebody in site operations was raising problems about the 1
2 procedure?
j 3
A Not on February 22.
4 Q
I just want to make sure I understand what you are 1
l 5
saying.
I 6
A The normal process was that.these comments were i
7 taken care of without my involvement.
So there are a number i
8 of these types of forms that I never saw.
9 Q
Surely.
Who brought it to your attention; who 10 asked you to come to the meeting?
11 A
I believe it was Jim Thiesing, who asked me to 12 attend that meeting, because they had some questions in terms p
b-13 of resolution of the comments.
14 0
Hr. Thiesing mentioned the name of Mr. Parks when 15 he asked you to come to the meeting?
16 A
I don't specifically recall any names being 17 mentioned.
I was asked to attend a meeting because that was 18 a comment and resolution meeting.
19 Q
Did Mr. Thiesing indicate to you that he 20 considered it an important meeting?
21 A
He obviously considered it important, because he 22 wanted me to be in the meeting.
23 Q
How did he justify your attendance to you?
24 A
I don't recal.1 exact.1y what his specific concern 25 was, and it's possible that some discussions had taken place ACE-FEDERAL REPORTERS, INC.
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between the two groups between February.17 and February 22.
2 He asked me to' attend the meeting, and I had a meeting prior i
3 to the meeting that we are talking about, and at the end of 4
that first meeting, and that meeting was attended by 5
Thiesing, King and others, I asked that we essentially start 6
the meeting regarding the comments and resolution of the 7
comments.
Because that afternoon, I was leaving the Island 8
to go to some other place.
I think it was Washington.
9 Q
So this meeting that you were referring to, in 10 which the comments were discussed, came immediately at the 11 heels of another meeting?
I 12 A
That's true.
O V
13 0
I see.
During this meeting,-Mr. Parks was at this 14 meeting thal you are talking about on the 22nd of February?
15 A
Yes, I believe Mr. Parks came to that meeting.
16 Q
What did Mr. Parks say at the meeting?
17 A
I don't recall exactly what he said at that 18 meeting.
19 Q
What was the tone of the meeting?
20 A
The tone of the meeting was there were a certain 21 number of concerns, and the concerns were expressed, some 22 opinions and disagreement were aired, and there was an issue 23 regarding whether or not certain administrative procedures 24 applied to the work.
And since I was limited in time, I was 25 leaving the Island that afternoon, I instructed the group ACE. FEDERAL REPORTERS, INC.
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1 that they should have Blaine, B-1-a-i-n-e, Ballard, he 2
involved, and that he review the. administrative procedures 3
and decide whether or not they applied to the implementing 4
procedures that we were talking about.
5 Q
Did you express an opinion at the meeting as to 6
whether they applied or not?
7 A
I did not express an opinion, because I wasn't i
I 8
quite sure myself.
Otherwise I wouldn't have asked Blaine 9
Ballard to look into it.
10 Q
Then you went out of town that afternoon?
11 A
Yes.
12 Q
Did you attend the meeting on the next day in b
-d 13 which there were further discussions about the polar crane?
14 A
I was ill for the two following days, so I was 15 home.
16 Q
Did there come a time when you received a 17 memorandum from Mr. Ballard concerning your request to him, la or instruction?
I don't know, did you say you instructed 19 Mr. Ballard directly?
20 A
No, Mr. Ballard was not in that meeting, so I 21 asked the group and talked to Mr. Ballard and had him review 22 this.
23 Q
Did Mr. Ballard send you a memorandum, to the best j
i 24 of your recollection, about this?
(
25 A
Yes, I believe so.
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Is this that memorandum?
2 A
Yes, that's correct.
3 Q
For the record --
4 MR. RICHARDSON:
Excuse me, when you said did 5
Ballard send the witness a memorandum.about this, what did 6
you mean by "this"?
7 MR. JOHNSON:
I think the witness understood the B
question.
9 MR. RICHARDSON:
All right.
Then the record will 10 remain unclear.
11 MR. JOHNSON:
I am going to identify, for the 12 record, the memo I just showed you.
It's an interoffice 13 memorandum of GPU Nuclear, February 23, 1983, subject:
l
" Polar crane safety, evaluation to B.K.
Kanga, TMI-2"; it's 14 15 two pages signed by Blaine E.
Hallard, senior manager, TMI i
16 QA.
)
1 17 BY MR. JOHNEON:
18 Q
Does this memorandum address the issues that 19 Mr. Parks had raised at the meeting concerning the q
20 applicability of the administrative procedures to the polar 21 crane load test procedure?
22 A
As the memo points out, it states, "we plan to 23 investigate the following areas in more detail and will 1
1 24 inform you if our current program is inadequate."
So this 4
/3 25 was not a final resolution of ell of the pr.oblems.
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Did you respond to this memorandum?
2 A
No, there was no response necessary.
3 Q
Did you talk to Mr. Ballard about the memo, after.
.i 4
receiving it, shortly after receiving it?
5 A
Mr. Ballard and I used to communicate very often, 6
so I am sure that I had talked to him about.this.
7 Q
Did you tell him fine, continue on, and I am 8
looking forward to seeing the resolution, something of that 9
sort?
10 A
Yes.
11 Q
To the best of your knowledge, what was your next 12 involvement in the resolution of this issue?
Let me ask you I
13 another question.
14 Did you become aware of a meeting on February 25 15 of the test working group to discuss the application of these 16 administrative. procedures to the polar crane load test 17
. procedure?
18 A
I am not sure whether I was aware of the meeting 19 on that specific date, but I was aware of the fact that these 20 comments and resolution of the comments was going on.
21 Q
Did you become aware of the removal of Mr. Parks 22 as alternate startup and test supervisor on February 18?
Let 23 me rephrase that question.
When did you first become aware 24 of his removal, Mr. Parks' removal, from the position of
.(3 25 startup and - alternate startup and test supervisor?
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A I don't recall the specific'date that I may have l
l l
2 been' informed of it.
3 Q
Do you recall when you first saw this memorandum; 4
.it's a February 18 IOM to a distribution headed by i
5 Mr. Buchanan, subject, startup and test personnel coverage, 6
signed by Mr. Kitler.
It designates Mr. Walker to act as 7
startup and test supervisor of Unit 2 in Mr. Kitler's l
8 absence.
9 A
I don't recall when I saw this memo, because it's 10 not addressed to me, nor was it copied to me.
11 Q
My.next question is when did you first become 12 aware that Mr. Parks was replaced by Mr. Walker in this 13 alternate startup and test supervisor position?
14, A
I believe you asked the same question earlier.
15 The answer is it all happened after Mr. Parks issued his 16 affidavit and had his press conference.
17 Q
It all happened.
What happened?
18 A
My knowledge about this particular transfer.
I 19 was not invo.1ved in this particular issue.
20 Q
Okay, we will come back to that.
21 Q
Do you recall seeing this memorandum -- that is an 22 IOM again.
Purports to be TWG minutes of 2/25/03.
l 23 A
I may have seen this.
I don't recall it right 24 now.
25 Q
Is it safe to say you don't recall when you saw ACE FEDERAL REPORTERS, INC.
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it?
2 A
That's correct.
3 Q
What war your understanding of how the resolution 4
of Mr. Parks' concerns was proceeding in this period between
'5 February 22 and March I?
6 A
A number of his comments had been resolved, and 7
there were a few issues which may not have been resolved.
8 0
What was your source of information about the 9
progress of this issue?
1 10 A
Well, talking to various people involved, 11 including Mr. Parks.
12 Q
Could you describe what you discussed with 13 Mr. Parks?
14 A
Wel.), Mr. Par'as had brought a -- lef t a letter i
15 that he had addressed to Mr. Sandford, and asked my secretary 16 if he wanted to talk to me before I forwarded it to l
17-Mr. Sandford.
So 1 had a meeting with him and we talked 18 about his various concerns.
19 Q
Do you recall the date of that meeting?
20 A
The date of that meeting was following the date of 21 that memo.
He left the memo with my secretary one afternoon, I
l 22 and I was not availabJ e that af ternoon, and I met with him I
23 the next morning.
j 24 0
Was this the memo of March 16, 1983, to 25 Mr. Sandford?
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1 A
That's correct.
j 2
O The memo to you from Mr. Parks was attached; is 3
that it?
)
4 A
Yes.
J l
5 0
Was the meeting that you had with Mr. Parks on --
i I
6 I assume that it was on March 17?
7 A
That is correct.
i 8
Q The first time that you had spoken with Mr. Parks 9
since you attended the meeting on February 22 with him?
o 10 A
It could be.
I am not sure.
I may have met with i
11 him in between.
I don't recall.
12 Q
This IOM dated March 1 to Mr. Lake from O-13 Mr. Chwastyk, which transmits site operations review of the 14 polar crane task group's resolution to comments made on the 15-subject procedure, which is the polar crane load test j
16 procedure, and it addresses the comments that Mr. Parks had 17 initially m:tde on February 17, this memorandum transmitting 18 the set opearations agreement or disagreements was transmitted 19 to you, was i t not'?
20 A
This memo which is dated March 1, 1983, shows that l
21 a copy was given to me without attachments.
22 O
Oh, without attachments, okay.
Did you ask to be 23 briefed on the subject of the attachments?
24 A
I may have.
I don't remember that, no.
1 1
25 Q
If you had, who would you have asked?
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1 A
I may have talked to. George Chwastyk or 2
Mr. Thiesing or Ron Harton.
3 Q
Do you recall having a discussion with' 4
Mr. Chwastyk on the 1st regarding Mr. Parks' comments?
5
-A No, I don't.
6 Q
Do you recall having a discussion.with 7
Mr. Thiesing?
8 A
No, I don't remember having a discussion regarding.
9 this memo.
10 Q
Did you express concerns to Mr. Thiesing, 11 Mr. Barton or Mr. King that you were concerned about the 12 appropriate resolution of these matters'around the time of 13 March 1?
14 A
I don't recall any specific. comments or concerns 15 that I may have expressed.
That's several years ago, so it's l
16 hard to remember every comment.
17 Q
Did you receive a copy of this document, which is l
18 another IOM, dated March 7, 1983, subject, TWG meeting l
19 minutes of March 4, 1983?
J 20 A
This interoffice memorandum of March 7, 1983, does j
4 21 not show my name as recipient or having a copy.
So I am not 22 quite sure whether I received it or someone may have given it 23 to me.
24 0
Were you. informed of the TWG having conducted a 25 meeting on March 4, 1984, at the time of that meet.ing?
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A I don't recall whether I was informed of the date 2
that meeting was taking place, but I was. informed of that 3
meeting in a general manner, and that my impression was that 4
that meeting was successful in resolving most of the comments 5
of Mr. Parks.
6 Q
Do you recall who informed you about that?
7 A-I really don't.
8 Q
Did you learn that Mr. Parks still had some 9
reservations concerning the resolution?
10 A
That came about when we talked about his memo, 11
.which you showed me a while ago, which'was --
12 Q
The March 16 letter?
r 13 A
The letter of the 16th.
l 5
14 Q
Was it your understanding that the reso]ution 15 reached by the TWG in its meeting was to accept the positicn 16 of Mr. Parks with respect to the applicability of the 17 administrative procedures 1047 and 1043 to the polar crane 18 load test procedure?
19 A
That's right, yes.
20 Q
I am going to show you a document that is dated 1
1 21 3/8/83.
It's from the OQA manager to J.W.
Thiesing, manager, 22 recovery operations.
It seems to be a QDR, QDR Number 23 CHK01183.
Was this QDR circulated to you when it was 24 written?
l 25 A
It shows a copy being given to me, so I must have l
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received it.
I 2
Q Is that indicated-by the check on the firut page, 3
unit manager?
4 A
Yes.
5 Q
Okay.
I was wondering how you knew.
Let me back
'I 6
up a second.
Up to this time, approximately the beginning of 7
March 1983, had you been aware of any comments about the i
8 conduct of Mr. Parks?
9 h
No, I wasn't.
Let me say one thing, I am not 10 quite sure of the exact' timing.
Sometime soon after Mr. King 11 was put on suspension by GPU Nuclear, one of the secretaries 12 working there, by the name of Rittle, informed some D
13 individuals that she had typed resumes of some the 14 individuals for Mr. Parks, and that that information was 15 given to me and then I had arranged for an interview of 16 Mr. Rittle by two individuals, Mr. Santee and 17 Mr. Troebliger.
18 0
This was a Ms. Ritt.le, wasn't it?
19 A
Yes.
So I am not sure of the exact time you 20 mentioned before March 1, so it could have been before March 21 1.
22 Q
Apart from the mention of the typing of resumes by 23 Ms. Rittle, as it related to Mr. Parks, you hadn't heard any 24 comments about Mr. Parke?
(
25 A
No.
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Q I am going to show you a handwritten memorandum 2
from Mr. Thiesing to yourself, B.K.
Kanga, dated 2/26/83.
3 Your counsel has a copy of it.
Do you recall receiving that 4
handwritten memorandum from Mr. Thiesing?
5 A
Yes.
Actually, I had asked Mr. Thiesing to 6
prepare a memo and send it to Mr. Bruner.
The background on 7
this is that Mr. Arnold was the president of GPU Nuclear, had 8
requested me to obtain from Bechtel statements from 9
Mr. Thiesing and Mr. Blizzard regarding.their activities in 10 terms of. finding information about Quiltech.
11 Q
Yes.
12 A
As a result of Mr. Arnold's request, I telephoned 13 Mr. Bruner to obtain that information.
And since 14 Mr. Thiesing and I both were in the Harrisburg area, 15 Mr. Bruner suggested that I telephone Mr. Thiesing and ask 16 him to prepare that information for Mr. Bruner.
.17 Mr. Thiesing wrote this memo, handwritten memo, 10 addressed to me, brought it to my horne, and I believe it was 19 either Saturday or Sunday.
I told Mr. Thiesing that he 20 should send that to Mr. Bruner and not to me, because I 21 really wanted that information to be officially transmitted 22 by Bechtel to GPUN.
So I did see this memo, and I gave it 23 back to Mr. Thiesing.
24 Q
Why did you want it to be offic.ially transmitted 25 to -- from Bechtel to GPU?
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A Because it was a request from the president of GPU
'2 Nuclear to obtain information from Bechtel, not from an 1
3 individual.
4 Q
What did Mr. Arnold tell you were the reasons that 5
he wanted that information?
6 A
Prior to Mr. Arnold's request, there was a meeting j
7 between Mr. Clark of GPU Nuclear and Mr. King.
Mr. King gave 8
some information to Mr. Clark, or made some statements to 9
Mr. Clark, which resulted in Mr. Arnold asking ine to find out 10 from Mr. Thiesing and from Mr. Blizzard what specific 11 activities they had been involved in.
12 Q
Did Mr. Arnold say to you that he had concern 13 about the propriety of Mr. Thiesing's activities?
14 A
I don't recall --
15 MR. RICHARDSON:
He being Arnold or he being i
16 King?
1 17 BY MR. JOHNSON:
16 Q
He being Mr. Arnold.
19 A
Mr. Arnold, I don't believe, had made any decision l
l 20 or judgment on that, because this was the first discussion 21 between Mr. Clark and Mr. King.
So this was just an early 22 phase of this whole relationship.
So his interest in it was 1
23 to find out facts.
He hadn't made any decision or judgment j
24 on the whole issue at the time.
l 25 Q
Was Mr. ArnoJd aware, at that time - let's put ACE FEDERAL REPORTERS, INC.
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'30470.O COX 29-1 this'in a time frame.
This was before the 26th memorandum of 2
Mr. Thiesing. obviously.
3 A
This was on a Friday night.
If I might Jook at my 4
calendar, that might help me.
5 Q
Surely.
6 A
Okay, February 25 was Friday.
February 26 was a l
7 Saturday.
So my conversation with Mr. Arnold was in the late 8
afternoon or evening of Friday, February 25.
My conversation 9
with Mr.-Bruner was on the same date.
10 Q
Okay.
Did Mr. Arnold at that time know that, 11 based on his conversation with you, were you aware that he 12 knew that Mr. Thiesing had ordered a vendor procureinent audit 13 for Quiltech to find out information about Quiltech?
14 A
Let's go back a little bit.
Mr. Arnold was 15 informed, by John Barton, I believe on the afternoon of 16 February 24, about the information that Mr. Thiesing had 17 obtained.
18 Q
Okay.
19 A
I was in that home and Mr. Barton and Mr. Thiesing 20 had called me to let me know about that, and I had directed 21 Mr. Barton to get in touch with either Mr. Arno.1d or 22 Mr. Clark and give that information to them.
I do not know 23 exactly whether any details were given to Mr. Arnold on that 24 date or not.
j 25 0
You are just not a party to knowing what U^
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Mr. Arnold may have known prior to when he spoke to you?
l 2
A Correct.
l
)
3 0
But when he spoke to you, did he indicate he had 4
known about Mr. Thiesing's investigation of Quiltech?
5 A
He had some information.
6 MR. RICHARDSON:
Are you referring to the - your j
7 earlier question referred to the procurement vendor check.
8 Is that what you mean by some investigation?
9 MR. JOHNSON:
Yes.
There is some ambiguity j
10 because Mr. Thiesing did make other inquiries.
11 BY MR. JOHNSON:
12 Q
But I am talking specifically about the vendor 13 check.
14 A
Mr. Arnold did know at that time.
15 Q
Did?
I am sorry.
16 A
Did know at that time in a general way that 17 inquiries had been made by the Bechtel procurement group 18 regarding Quiltech.
19 0
You then communicated to Mr. Bruner and 20 Mr. Thiesing, then did you a little bit more formally 21 communicate the substanr.: of this by memorandum - I think 22 it's contained in here with all of these documents, by this 23 March 2, 1983, document, from Mr. Thiesing to Mr. Bruner; is 24 that correct?
C 25 A
I believe that's the memorandum that I received
(
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1 from Mr. Bruner, which I passed on to Mr. Arnold.
2 Q
Then what was the next step?
Did you speak to 3
Mr. Arnold about this memorandum?-
i 4
A' I had conversations with Mr. Arnold, because --
5 what is the date on that meeting?-
.i 6
Q March 2, 1983.
'l 7
A By that time, there had been a whole series of 8
conversations between Mr. Arnold and myself, in terms of 9
Mr. Arnold's conversations with Mr. King; and resulting from 10 his conversations with Mr. King, Mr. Arnold had asked several 11 individual employees at the Island for some information 12 also.
13 0
Do you remember who they were?
14 A
No, I don't recall all of the names, but I know I l
15 was involved with two or three employees with whom Mr. Arnold l
16 had had discussions, Mr. Arnold had written notes of it, and 17 he had asked me to have each of those employees review those 18 notes to be sure that Mr. Arnold's notes are correct.
3 19 0
Okay.
I think I have that, and I am just l
k 20 wondering, is this memorandum the file that Mr. Arnold wrote, q
i 21 it's a somewhat later memorandum.
But is that what you are j
i 22 referring to?
j
(
23 A
He had talked to several individuals and --
j l
24 Q
It's dated March 21, and it's a memorandum oti
(
25 Mr. Arnold to the file.
l
\\
l l
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1
'A Here are the three, Mr. Chwastyk, Mr. Buchanan and 2
~ Bill Austin.
Those are the three individuals.
3 Q
That memorandum indicates that Mr. Arnold spoke to 4
these individuals, doesn't it?
5 A-Yes, it says March 11.
6 MR. HICKEY:
11, did you'say?
7 THE WITNESS:
Yes.
8 BY MR. JOHNSON:
9 Q
That is a little bit out of sequence in terms of 10 what we have just been discussing.
11 A
.I am talking from memory, so it's very hard for me 32 to recognize what may have happened before a specific date 13 and then after a specific date.
14 Q
That's fine.
But you are not saying there is 3
15 another meeting that Mr. Arnold told you about that he had 16 talked to these individuals prior to this time, are you?
I l
17 A
Well, after the first meeting that I had with him-
. f i
18 on February 25.
l 19 Q
Yes.
1 20 A
I had a series of meetings with him regarding any-
)
1 21 information that he obtained from Mr. King, and any followup l
g 22 that he was having.
l 23 Q
What did he tell you specifically?
J l
24 A
It's pretty hard to recal] --
25 Q
As best you can, i
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1 A
Basically, Mr. King had provided or he had asked 2
Mr. King for inf ormation in terms of the individuals from GPU 3
who were involved in the operation of Quiltech, and be was 4
following up on that information.
The other part that he and 1
S I had several discussions on were regarding the safety 6
concerns that Mr. King had expressed, and we were also 7
having, around that time, a review of such safety concerns by 8
two individuals who were consultants to GPU, Mr. Lowe and 9
Grieby.
10 Q
Did the conversations with Mr. hrnold that you 11 were just describing touch on Mr. Parks at all?
12 A
Yes.
Again, I am not sure of the exact time frame
(
13 now.
But when it came to my attention that Rose Rittle had 14 typed the resumes for Mr. Parks, I informed Mr. Arnold about 15 that.
16 Then when Mr. Parks was interviewed by Hoffman and 17 he gave me a summary of his interview, I passed that i
18 information also to Mr. Hoffman.
19 Q
We are skipping around a little bit.
20 A
Yes, I am sorry.
I am not sure of a13 the dates 21 also.
22 Q
Mr. Hof f man 's interview with Mr. Parks was on the 1
23 date of March 14.
l l
24 A
Yes.
l I
O 25 Q
Then I want to back up.
V l
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A-sure.
.2 0
When did he-give you, specifically, that summary?
3 A
This was a very brief summary right after his 4
interview with Mr. Parks.
5 Q-An oral summary?
6 A
Yes.
7 Q
Over the phone?
8 A
Over at the Island, and he had interviewed 9
Mr. Parks at the Island.
10 Q
Did Mr. Hoffman tell you more information about 11 Mr. Parks' involvement with Quiltech than you had previously 12 known?
r~'
13 A
Not much.
Actually, he informed what Rose Rittle 14 had already informed us.
15 0
Going back to your initial conversations with 16 Mr. Arnold prior to March 2, that's where we had sort of 17 started, and we sort of traipsed around the calendar a little 18 bit --
19 A
I am sorry.
20 Q
Did Mr. Arnold say he was particular.ly concerned 21 about Mr. Parks' involvement in Quiltech?
22 A
I really don't recall any specific comments from j
23 Mr. Arnold regarding Mr. Parks.
He was concerned that l
/
l 24 someone at the Island had typed resumes of various employees l
25 of GPU and Bechtel for another company.
l 1
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1 Q
And the person who was alleged to have done that-2 was'Ms. Rittle?
3 A
Yes.
J 4
Q There came a time, shortly after those-j
-5 conversations, where you participated in an interview with 1
6 Ms. Rittle?
7 A
I did not participate in the interview with 1
8 Ms. Rittle.
The interview was conducted by Troebliger and j
9 Larry Santee.
However, at the very beginning of that i=
l 10 interview, I essentially sat down with Ms. Rittle to let her l
11 know that we were not conducting an investigation, that we 12 wanted to know all the facts that she had,.and that was all 13 that I talked about.
14 Q
Do you mean that you wanted to make it clear to 15 her that you were not conducting an investigation of 16 Ms. Rittle?
17 A
Yes.
At that time, we had just heard about what l
18 Ms. Rittle had done, and we just wanted to have information l
l 19 from Ms. Rittle at that time.
20 Q
Why did you tell her that you - that she was not i
1 21 being investigated, if Mr. Arnold was particularly concerned 22 that she had typed those resumes?
]
j 23 A
Well, what we are trying to do at that time was to 24 find out what were the circumstances of her typing those 25 resumes.
l i
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Q Was Mr. Arnold concerned about a possible conflict 2
of interest on the part of Ms. Rittle?
~~
3 A
I am not quite sure as to what Mr. Arnold was 4
concerned with.
I believe the main intent of that interview 5
was to' find out more facts as to who were involved, how the 6
resumes ca.me to her, because the mere act of typing was 7
rather. unimportant compared to the activity of getting the 8
resumes.
9 Q
Cou]d you be a.little bit more specific?
What was 10 it about getting the resumes that was more important?
11 A
The question was whose resumes were being typed, 12 had knew about it, had given permission to give their resumes
~ O 13 to Qui] tech; and that information may or may not be available 14 to Ms. Rittle.
That was the reason for the interview of 15 Mr. Parks.
16 0
So Mr. Arnold told you he was concerned that 17 individuals may have given Mr. Parks, or somebody, resumes to 18 be typed?
19 A
Mr. Arno.1d didn't say he was concerned that 20 somebody had given them, he said he didn't know.
So the 21 question was Jet's find out what was going on.
I 22 Q
I have some notes here of the meeting you had with 23 Ms. RittJe on March 3, I be.l i ev e, 1983.
It says 2:50 p.m.
24 "Mr. Kanga gave Rose an overview of Larry King's situation 25 and stressed we were trying to get facts reJative to her i
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typing resumes, et cetera, and asking her cooperation.
Rose 2
is not being investigated."
3 Is that a fair summary of what you told her?
4 A
Yes.
5 Q
This appears to be the notes of Mr. Troebliger.
6 They were signed by Mr. Troebliger, Ms. Rittle and Mr. Santee 7
and are attached to a confidential memorandum to - for the 8
record -- of March 3, signed by Mr. Troebliger, which was 9
transmitted on Bechtel stationery to Mr. Arnold by Mr. Santee 10 on March 4.
I will show that to you, and is that correct?
11 A
That's correct.
12 MR. JOHNSON:
I would like to mark this as Kang.
13 Deposition Exhibit 1.
14 (Kanga Exhibit 1 identified.)
15 BY MR. JOHNSON:
16 Q
I am talking about prior to your conversations 17 with Ms. Ritt.le, did he bring up the name of any other GPU 18 employees besides Mr. Parks, Mr. King and Ms. Rittic?
19 A
I am not quite sure of the time frame.
That's my 20 difficulty.
Because a number of people's names came up, but 21 they may not have happened before that period in time.
- Also, J
22 Ms. Rittle's name didn't come through conversations between
{
i 23 Mr. King and Mr. Arno.1d.
Ms. Rittle volunteered the i
l 24 information to one of the individuals who was on the GPU 25 payro.11, that she had typed his resume and he brought that to ACE-FEDERAL REPORTERS, INC.
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the attention of the various managers.
2 0
Getting over to Mr. Thiesing's role in this, did 3
there come a time after this memorandum of March 2 was 4
transmitted to Mr. Bruner from Mr. Thiesing, describing his 5
investigation and what he knew about Mr. King and Quiltech, 6
and when, that Mr. Arnold expressed to you a desire to 7
communicate to Bechtel management in Gaithersburg about 8
Mr. Thiesing's conduct?
9 MR. RICHARDSON:
Would you read that question 10 back, please.
11 (The reporter read the record as requested.)
12 THE WITNESS:
Mr. Arnold need not inform me about O'
13 communication directJy with Bechtel management, so I wouldn't 14 expect Mr. Arnold to tell me that he wanted to talk to, say, 15 Mr. Sandford or anybody else at that time.
16 BY MR. JOHNSON:
17 Q
I see.
Did you initiate, yourself, then, any 18 communications with Mr. Bruner or Mr. Sandford or vice versa, 19 Bruner, Sandford, to you, concerning Mr. Thiesing's role in 20 this inqui.ry?
21 A
Are you saying after that particular memo was 22 issued?
l 23 0
After the second memorandum was transmitted to I
(
24 Mr. Bruner and the response, I think.
25 A
Obviously we had conversations before that.
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communicated to Mr. Gruner the desi2e to gat these tm memos 2
from Mr. Thiesing ar d Mr. Blizzatd.
So there were 3
conversations between myself anc Mr. Sandford during those a
4 days.
I cL1't really ( *.11 you any apacifi';
5 0
Let me ask yet to try to -jog you ; recollection.
l 6
Do you remember any criticism, either on yoNr part, 7
Mr. atuner's part or Mr. Sar.dford's part,
<...f r r. TM es ing ' a d
d role in using ime v a n ::c y audit as a method of i nves t i jation'.T 9
A I c&n speak for mysel 1 c a ti 3p v.k for 10 Mr. Sandford and.rdr. Bruner.
T had
- 2. conversation with Jim I
11
- 1hiesing soon after this information was o ro t,g h t to my 12 attention by Mr. Thieting.
It was not in the telephone O
13 conversation that.cok plare on Februar'/ 24, but sofn aftt.c lo that.
I c a n ' t t e'., i yoi: vhether it was on the 25th or t h ei g
15f following week.
16 I had a conversation:.with Jim Toiesing,,*/nce ;Iim 17 i
reported to me, aut to what his rationale was in ;icms of I
18 l asking the procurement denartment ind Bechtel to make an i
Il l'30 inquiry aheut Guiite.:h,. and his explis.ation at
- t. hat f.ime wa :s 20 that he h s.'
uard these rumors from varinda individuals at 21 the s i t'a, anu. hat be wanted to be sure whtther the rumors 22 were correct or incorrect.
He did nc wart to bring the a
23' information te me, because t h a t. was : n e e, t t,h 3 q 'ee s t i o ns that 24 I raised, why didn't you Jet we know about it,
- c. #. a u s e he 25 tell that he would ne branded as a rus tmonger if the Am FEDERAL. REPOUERS, INC.
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- t. '
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l-1 information he brought was incorrect.
So his attempt was to 2
find out whether the inf ormation was correct or incorrect.
_4.
s l
3 Qi That's what he told yo3, But what did you tell 5 o
him?
7 g,
5 A
I advised himi that if I was in his position, I
~L 6
would have brought thatxmatter up to either Mr. Bruner or to
'T Mr. Barton or nynetf,, and that we would have then taken care 8
of it.and taken itLoui.)of his hands.
So that was my personal q
9 opi ni.o n.
10 0
Did you advise h5m that if so'mething like that 11 came up in.the future, that's the way he.should do it?
q it 12 A
I don't Encsw whether I ladvis6d hini in that wqr,
.h +,l 13:
'but that was the basic message when I 3 aid tJ.at was my 1
of a matter.would and I really don't think that type ;\\
14
- opinion, 15.
come up again.
- d. was a very exceptional issue.
Not y1ur s
- s_
.\\
16 everyday matter, 17 0
I have before me a memorandum dated May 31, 1083, 18 supplied to me in discovery in this car,e.
It's a memorandum 19 to the file from Travis T.
tirown, Jr.,
re:
May 17, 1983,
' l 20 with Bahman Kanga,; Bechtel.
Do you recall being interviewed 21 by Mr. Travis Brown on that date?
22 A
Yes,'I do.
~
23 0
I ausume these are his notes of t.he i n t.erview wi th 24 you in typed form.
He has a couple of paragraphs about your 25 conversations or opinions about Mr. Thiesing's honduct.
ACE 8EDERAL REPORTERS, INC.
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1 I would just like you to focus your attention on
,j 2
these two paragraphs, starting with "however, Kanga," and 7
}3 "Kanga explains," and ask you if you would agree with the 1
f
' substance that those are accurate statements about what you l
i 5
said to Mr. Brown.
l 6
A Yes.
7 Q
Specifica13y, for the record, to avoid putting-8 this whole document in the record, the second paragraph 9
states, "Kanga explains that the error related to the fact l
10 that the matter existed.in a client organization.
Thiesing 1
11 had no right to investigate the matter under GPU's roof."
I 1
12 That's one of the paragraphs you just said yes to?
4 13 A
Yes.
14 MR. JOHNSON:
Would this be a good time to break.
a 15 (Reces s. )
16 MR. JOHNSON:
Back on the record, please.
2 17 BY MR. JOHNSON:
18 0
To go back to wrap up what we were talking about 19 with respect to Mr. Thiesing, did you have any further 20 conversations with Mr. Sandford or Mr. Bruner about a
21 Mr. Thiesing's -- the possible impropriety of Mr. Thiesing's
, q, (4
22 conduct in doing the vendor audit?
l 23 A
No, I don't recall any detailed conversations of i
24 that nature, but Jet me clarify one thing.
You used the word i
25
" impropriety."
My personal position in this is that it was ACE FEDERAL REPORTERS, INC.
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1 poor judgment.
I don't think he was violating any. rules, I
'2 regulations or even anything of that nature.
3
. Q Did you become aware of a note that Mr. Sandford 4
wrote to Mr. Bruner suggesting that it might be necessary to 5
suspend Mr. Thiesing?
6 A
I wAs not aware of that note until maybe a few 1
7 weeks ago, when I was asked about it.
8 Q
Did Mr. Sandford or Mr. Bruner bring up that 9
subject with you, meaning the possibility that if the 10 confrontation between Bechte.1 and GPU continued to escalate, 11 that there might be a need to distance Bechtel from 12 Mr. Thiesing?
O 13 A
'I don't reca.11 any discussion along those lines, l
14 but let me also say one thing, that the concern was that we 15 wanted good client relationships, an<3 also, you must 16 understand, that we had an integrated organization, so it was
.)
1 17 much more important to have a good relationship with the 18 total GPU Nuclear group.
So that was paramount in 19 everybody's minds.
Therefore, every now and then, when we 20 evaluate what is going on, we evaluate the individuals and l
21 see if that is the right job for that individua.1.
22 Q
Did you have any role in the reassignment of l
23 Mr. Thiesing?
L 24 A
1 did not have any role in the reassignment in the 25 sense that I did not select, in the particular time or the i
l' l
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~ particular assignment for Mr. Thieving.
2 Q
When he left the Island in June 1983, you had no 3
say in his leaving?
i 1
4 A
Well, I had a say in the sense of whether he left l
5 the Island or not.
I had some say in that.
6 0
What.was that?
7 A
Whether it was the appropriate time or not.
But I 8
did not have any activity in terms of where he got assigned
(
9 or the timing of it.
10 0
Did you agree -- who made the decision?
1 11 A
Basically the decision was made by Bechtel.-
32 Mr. Arnold and I ta3ked about that and brought up the thought 13 that it was appropriate timing for Mr. Thiesing to leave the 14 Is3and.
15 Q
And what were your reasons?
16 A
Basically that Mr. Thiesing had worked for several 17 years at that job, and that it was time for him to move to la some other assignments.
19 0
Was it one of your conversations that removing --
l 20 not removing, but Mr. Thiesing's leaving the site might help 21 to smooth relationships between the Bechte) and GPUN 22 employees in the integrated structure?
23 A
I don't think at that stage we were concerned I
24 about GPU-Bechtel relationship.
That was several months I
25 after the major issues had been resolved.
But there is i
1 ACE FEDERAL REPORTERS, INC.
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1 always a time when an individual, after several years of work 2
on a particu3ar: assignment, needs a change.
We thought that 3
this was the appropriate time, and that it would not only 4
help Mr. Thiesing, but it would be helpful for the project to S
have a few changes.
6 Q
In what way would it be helpfjul on the site?
-7 A
Well, by putting another individual in 8
Mr. Thiesing's place, he brings in a different and fresh 9
outlook to that assignment.
10 0
Once Mr. King was reassigned, was suspended on 11
-Februe.ry 24, 1983, and Mr. Chwastyk became acting site 12 operatione director; is that correct?
O 13
'A That is correct.
14 0
Did you have more dealings with Mr. Chwastyk once 15 he became acting site operations director?
16 A
More dealings with Mr. Chwastyk?
]
17 Q
Than you had previously?
18 A
Yes, that's correct.
Because prior to that, I j
19 dealt more with.Mr. King.
20 0
During the time that -- from February 24 until 21 Mr. Parks was suspended, did you have conversations with 22 Mr. Chwastyk about the resolution of Parks ' safety concerns 23 about the polar crane?
i i-24 A
Yes, I had a few, but I don't recall any specific 25 details.
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,, lCOX 1-Q Did there come a time when you became aware that 2
Mr. Chwastyk had some involvement with Quiltech?
3 A
Yes, that was much later.
4 0
Was it prior to the Parks affidavit of March?
5 A
I am not quite sure whether it was after 6
Mr. Parks' affidavit or not.
The reason why I said that was 7
that sometime during the various conversations that took i
8
- p. lace between Mr. King and Mr. Arnold, Mr. King did inform 9
Mr. Arnold, I-believe, about some association with 10 Mr. Chwastyk, but I am not sure of the exact time frame.
j 11 (Mr. Berry, counsel for NRC, entered the room.)
12 BY MR. JOHNSON:
O 13 Q
Would it have been prior to the time that 14 Mr. Chwastyk came to you with this proposed personnel action IS with respect to Mr. Parks on March 17?
l 16 A
I really don't know.
17 MR. RICHARDSON:
Personnel action.
What do you 18 mean by that?
19 BY MR. JOHNSON:
I 20 0
Well, reassignment of -- this is Mr. Greg Herry l
21 from the Staff.
He is an attorney with the Staff.
22 THE WITNESS:
How are you, Mr. Berry.
23 MR. JOHNSON:
This is Mr. Kanga.
24 BY MR. JOHNSON:
I l
25 Q
Let me just show you this memorandum.
This is a l
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3/17/83 memorandum, IOM, subject:
TWG membership ~to 2
Mr. Kitler from Mr. Chwastyk.
This purports to reassign --
3 or replace, excuse me -- Mr. Parks, as primary representative 4
of site operations department on the test working group; is 5
that correct?
6 A
That's correct.
7 Q
When did you first see this?
8 A
The same date as it was issued.
9 Q
Did you have any conversations with Mr. Chwastyk 10
-- let me back up for a second.
When you had your 11 discussions with Mr. Chwastyk and Mr. Parks on March 17 with 12 regard to this matter, were you aware that Mr. Chwastyk had 13 some involvement with Quiltech?
14 A
I am not quite sure.
I don't recall the exact 15 time frame'ahen Mr. King and Mr. Arnold had the conversation 16 in which he informed Mr. Arnold that Mr. Chwastyk had been 17 involved with some dealings with Quiltech and this particular 18 date.
So I am not able to tell you whether I knew before or 19 after.
20 Q
Do you recall --
21 MR. RICHARDSON:
Could I just ask for one thing, I 22 know this is not intentional, but it's a potential on the 23 witness when you have somebody sitting behind you.
It 24 creates double vision and could be distracting.
Could Mr. Berry sit next to you or at the same longitude?
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1 MR. BERRY:
That will be fine.
We don't want to 2'
make it any more burdensome on the witness than-it already 3
is.
4 MR. RICHARDSON:
The thing is the human eye can't
{
S focus on two objects that are at disparate distance,-and it 6
can be distracting.
7 MR. BERRY:
The record will reflect that I am now 8
sittin'g to the left of Mr. Johnson.
9 BY MR. JOHNSON:
10 Q
Do you recall, Mr. Kanga, being interviewed about 11 your knowledge about Mr. Chwastyk's involvement with Quiltech 12 prior to this date?
O 13 A
Say that again, please.
14 Q
Were you ever interviewed concerning your 15 knowledge of Mr. Chwastyk's involvement with Quiltech prior 16 to this date?
17 MR. RICHARDSON:
This date being March 17?
10 BY MR. JOHNSON:
19 Q
iio, today.
20 A
Yes, I was asked questions by Mr. Stier.
21 Q
Mr. Stier asked you what questions?
22 A
I don't recall exactly.
l 23 Q
Are they the matters that are contained in this 24 document that is sitting in front of you?
25 A
Yes, I believe so.
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I 1
Q.
What do you recall about those questions?
)
l 2
A Well, actually --
3 MR. RICHARDSON:
That's a compound question.
You 4
can't ask him to recall the content of a deposition 5
transcript.
6 BY MR. JOHNSON:
i 7
Q I am asking him specifically, what does he recall 8
about his knowledge of Mr. Chwastyk's association with l
9 Quiltech?
j i
l 10 MR. RICHARDSON:
Without benefit of the i
1 11 transcript?
12 BY MR. JOHNSON:
lO i
13 Q
Yes.
j 14 A
When Mr. Arnold obtained information from Mr. King
]
i 15 regarding some of Mr. Chwastyk's activities, he had asked me t
16 to talk to Mr. Chwastyk and get information from him, which 1 17 did.
So the questions may have related to what was my part 18 in those discussions.
19 O
Could you put a time frame on when you talked to 20 Mr. Chwasty'k about this?
21 A
I really can't, because it was over several weeks l
i 22 and months.
23 Q
Was it after this meeting you had --
24 A
I can't -- you know, perhaps if you are attempting j
25 to find out whether or not Mr. King had informed Mr. Chwastyk I
l 1
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-- informed Mr. Arnold about Mr. Chwastyk's activities, the 2
best thing would be to go back to Mr. Arno.ld's notes and find 3
the date and compare the date with this.
I can't really put' 4
those dates'together.
5 Q
When you spoke to Mr. Chwastyk, what did you ask-6 him, when we talk about the conversation?
7 A
Mr. Arnold got certain inf ormation from Mr. King, 8
he asked me to verify that with Mr. Chwastyk.
So I would ask 9
him about certain events which may have been described by 10 Mr. King, asked him what his version of that same event was.
11 Q
Was this after Mr. Parks left the Island?
12 A
I really can't tell you that.
I am sure that part O
13 of my discussions with Mr. Chwastyk were after Mr. Parks left 14 the island, but I may have had an earlier conversation with 15 Mr. Chwastyk.
I rea]1y don't know, and I can't vouch to 16 that.
17 0
Did your conversations with Mr. Chwastyk about his 18 involvement in Quiltech verify the statements that 19 Mr. Cbwastyk had given to Mr. Arnold?
20 A
Say that again.
21 Q
Mr. Arnold told you that he had learned from 22 Mr. Chwastyk --
23 A
No, from Mr. King.
24 Q
-- certain information about Mr. Chwastyk, and 25 asked you to follow up with Mr. Chwastyk whether some of that 1
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1 information was true?-
2 A
Yes.
3 0
What information did he tell you to follow up?
i 4
A The first one was regarding an involvement of I
5 Mr. Chwastyk in some review of a proposal to a utility, and 6
that was the first set of information.
Later on, and this 7
was maybe several weeks or months later, it was found out j
8 that Mr. Chwastyk had attended a meeting at the utility, i
9 Q
This is not information that you had found out 10 yourself?
11 A
No, I had not found that out myself.
Mr. Arnold 12 had some information from Mr. King, and then I asked
.,0 13 Mr. Chwastyk specific questions and reported that back to t
14 Mr. Arnold.
l l
15 Q
What other questions did you -- besides -- well, I i
16 take it that the question of his attending a meeting at l
17 another utility was not - was that something that you asked 18 Mr. Chwastyk about?
l 19 A
I am not sure.
l l
20 0
You said you asked him about Mr. Chwastyk's review 21 of a proposal to a utility.
That was a proposal of Quiltech?
22 A
That is correct.
23 Q
What did Mr. Chwastyk tell you?
Did he say that 24 he had participated in that?
j.
25 A
Yes.
I believe he said that he had reviewed that i
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1 for Mr. King.
I am not quite sure.
2 0
What else did you ask him about what other 3
subjects concerning his involvement with Quiltech?
4 A
At that time there was nt further discussion, S
because Mr. Chwastyk basically represented, and that was all 6
the involvement that he had.
7 Q
At what time?
8 A
The first time this was discussed with it.
9 Q
You discussed it with him?
10 A
That's correct.
11<
Q Did you take notes when you conducted this meeting 12 with Mr. Chwastyk?
O 13 A
I am not sure, but I believe that is in l
14 Mr. Arnold's notes.
-l 15 0
Mr. Arnold's notes.
Which notes are those?
16 A
The notes that you showed me earlier regarding the 17 conversation with Mr. King.
18 Q
Would you show me.
19 A
Thank you.
The last paragraph.
20 Q
I am unsure how this is responsive to the question 21 of when - how this conversation that you had with 22 Mr. Chwastyk was recorded.
Does this purport to record the 23 conversations you had with Mr. Chwastyk, this memorandum to l
l 24 the file of Mr. Arnold?
25 A
Each of these individuals talked to Mr. Arnold and ACE. FEDERAL REPORTERS, INC.
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1 Mr.' Arnold made some notes.
He also sent -- had me have each 2
of the individuals review some of his notes.
So I was 3
involved with Mr. Chwastyk in that.
4 0
I see.
5 A
So I knew about - your initial question was did I 6
know about Mr. Chwastyk's involvement with Quiltech before 7
this letter, the memo that you had talked about.
8 Q
Yes.
9 A
I didn't remember the exact dates.
I suspect that 10 I knew about it sometime soon after March 11.
11 0
Which was the date that Mr. Arnold interviewed 12 Mr. Chwastyk?
(3 13 A
Correct.
It may be two or three days later.
I 14 don't recall the exact date.
15 0
You said that you didn't keep notes of your j
16 d'ccussions with Mr. Chwastyk.
Is there any reason?
Why 17
..idn't you keep notes of those meetings?
j 18 A
Because I didn't see any reason for keeping notes 19 at that time.
And Mr. Arnold had made notes that he wanted i
20 the individuals to verify as correct, so the notes were i
21 there.
22 MH. HICKEY:
Just for the record, you referred to I
23 it as whether the witness kept notes.
I don't know what you l
24 meant by that.
But the wi tness ' testimony was he wasn't sure 25 if he took notes.
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1 j;
1 BY MR. JOHNSON:
l 2
Q Did you take. notes?
l.
3 A
No, I did not.
'4 Q
Did you report back to Mr. Arnold what you had 5
found out about Mr. Chwastyk from Mr. Chwastyk?
6 A
Yes.
7 Q
How did you do that?
8 A
Either by telephone conversation or by direct 9
conversation.
10 0
What did you tell him?
11 A
What Mr. Chwastyk told me at that time.
12 O
Which was --
O-13 A
That he had consulted with Mr. King on that l
14 proposal, and that was all that Mr. Chwastyk remembered at 15 that time.
16 Q
At that time you did not know that Mr. Chwastyk 17 had attended a meeting at a utility?
i 18 A
No, sir.
19 Q
Did Mr. Arnold tell you to do any followup with 20 respect to Mr. Chwastyk?
i 21 A
Not immediately, other than to have Mr. Chwastyk I
i 22 verify Mr. Arnold's notes, which I did.
23 0
What else did you do subsequently with respect to
)
24 Mr. Chwastyk's involvement with Quiltech?
25 A
I had a conversation later on with Mr. Chwastyk, ACE-FEDERAL REPORTERS INC.
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1 regarding his attendance at the utility.
2 0
Would you place that in time, please?
3 A
I can't.
That was weeks or months after this 4
incident.
S Q
Which was a few days after the March 11 meeti ng?
6 A
Yes.
So I did talk to Mr. Chwastyk on that 7
matter, and when Mr. Arnold asked me to do that.
8 Q
What did you ask him?
9 A
I asked him about specific involvement in that 10 meeting, and I believe that it was Duquesne Light & Power.
11 Q
What did Mr. Chwastyk tell you?
12 A
He informed me that he had attended a meeting with 13 another individual from Quiltech, and I don't recall his 14 name.
15 Q
Mr. Hode?
l 16 A
I am not sure.
It could be Mr. Hode.
And that 17 the -- his purpose in attending that meeting was to 18 essentia13y sell his own services or sell his own self to the 19 utility, rather than sell Quiltech services.
That was his 20 representation.
l 4
21 Q
Did you ask any other questions?
22 A
I may have.
I really don't have any real recall l
23 of that specific meeting.
i 24 Q
Did you take any notes of that meeting?
1 t
25 A
I cou]d have sent a memo to Mr. Arnold.
I don't
(
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know, or I don't remember, I should say.
2 0
If you did send the memo, where would it be?
3 A
It would be at GPU, at the Island.
4 Q
Was there anything else that you discussed in this 5
meeting that you just described with Mr. Chwastyk, other than 6
his trip to Duquesne Light?'
7 A
Yes.
One of the questions that was asked was why 8
did he not inform GPU Nuclear about that activity when we had 9
our first discussion.
10 0
What did he say?
11 A
I am not quite sure I remember what his specific 12 statement was.
33 Q
Were you satisfied with his explanation?
14 A
No, I wasn't.
15 0
Did you discuss anything further at that meeting?
16 A
I basically requested that and his explanation.
I 17 am not quite sure right now, but it was not a very 18 satisfactory explanation.
19 0
What was the next step with respect to this 20 matter?
Did you go back to Mr. Arnold?
21 A
I informed Mr. Arnold of that question, yes.
22 Q
What did you tell Mr. Arnold?
23 A
What had happened at that meeting.
l l
24 Q
What did Mr. Arnold say to you?
l l
l 25 A
I rea))y don't recall any specifics of what ACE FEDERAL REPORTERS, INC.
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1 Mr. Arnold may have told me.
2 Q
Do you remember the general reaction of I
l 3
Mr. Arnold?
4 A
No, I don't.
l 5
Q With respect to Mr. Arnold - with respect to 6
Mr. Chwastyk's explanation, what was. unsatisfactory about the 7
exp.lanation that he gave you about the Duquesne Light visit?
~
8 A
I don't recall exactly what his reason for not 9
informing GPU Nuclear, the first conversation was.
I can't 10 really relate to why it was - why the reason was not a l
11 satisfactory reason.
12 O
Was it your opinion that he should have informed 13 his supervision that he had had this meeting?
14 A
Yes.
I be.lieve it was my opinion at that time 15 that he should have informed Mr. Arnold when Mr. Arnold asked 1
16 him about what his relationships were with Quiltech, which 17 was in this meeting of March 11..
18 Q
Was it your view that Mr. Chwastyk was involved in 19 a conflict of interest by that visit to Duquesne?
20 A
Yes, I would say so.
21 Q
Did Mr. Arnold give you any instructions as to 22 what to do further with Mr. Chwastyk?
23 A
No, he did not.
24 0
Did he take any action with respect to 25 Mr. Chwastyk, growing out of these interviews with j
i l
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.t 1
Mr. Chwastyk?
2 A
I believe that Mr. Stier may have had further 3
discussions with Mr. Chwastyk.
I am not sure of that, 4
because I was not directly involved in that.
I am aware of 5
those discussions, but they took place after Mr. Chwastyk l
1 6
left the island.
7 Q
Do you know of any other events concerning 8
Mr. Chwastyk leading up to his -- well, let me put it another j
9 way.
Are you aware of the circumstances under.which 10 Mr. Chwastyk left the Island, left the employment of GPU in 11 June, approximately June 1983?
12 A
When you said " circumstances," what do you mean?
l 13 0
Were there reasons why he left?
To the best of 4
14 your knowledge, how did it come about that he lef t?
15 A
I believe he left because of some of his 16 involvement with Quiltech that came to light later on.
1 17 Q
Specifically, do you know how that information was 18 presented to Mr. Chwastyk?
19 A
No.
I was not involved.
20 Q
You did not have any further conversations with j
21 Mr. Chwastyk about his employment at Three Mi.le Island after 22 you talked to him about the Duquesne Light Company?
l 1
l 23 A
I believe that's correct.
)
24 Q
Do you know who made the decision to terminate i
(
25 Mr. Chwastyk?
j l
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1 MR. RICHARDSON:
There's been no --
2 MR. HICKEY:
Foundation.
3 MR. RICil ARDSON :
No testimony, that I have heard, 4
about an involuntary termination.
5 BY MR. JOHNSON:
6 Q
Did Mr. Chwastyk leave voluntarily, do you know?
7 A
I don't know.
8 0
Who did Mr. Chwastyk report to after -- let's see, 9
at that time -- did Mr. Chwantyk report to Mr. Barton prior 10 to the time he lef t the Island?
11 A
He essentially reported to the office of the 12 director, which was Mr. Barton and myself.
13 Q
Did you have conversations with Mr. Barton about 14 Mr. Chwastyk prior to the time he Jeft the Island?
15 MR. RICHARDSON:.With regard to what?
16 BY MR. JOHNSON:
17 Q
With regard to Quiltech.
18 A
I may have.
19 Q
What was the general subject of those 20 conversations?
21 A
I rea3]y don't recal.1 any details.
22 MR. RICil ARDSON :
The question facially covers a 23 vast time period.
Do you want to limit the question?
24 BY MR. JOHNSON:
25 0
Did Mr. Barton tell you, between the time that you ACE-FEDERAL REPORTERS, INC.
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reported what you learned about Mr. Chwastyk's involvement 1
2 wi th Duquesne Light and the time that Mr. Chwastyk left the 3
Island, that Mr. Barton was going to take some kind of action 4
.with respect.to Mr. Chwastyk?
5 A
No, I don't recall that.
6 Q
Did Mr. Chwastyk ever speak to you after your 7
interview with them about Duquesne Light concerning his 8
involvement with Quiltech up to the time he left?
9 A
No.
10.
Q Do you have any basis to disagree with a view that.
f 11 Mr. Barton stated in his deposition here a few days ago, that 12 if Mr. Chwastyk did resign, it was in anticipation of his 13 being removed because of Quiltech involvement?
14 MR. RICHARDSON:
The testimony was that 15 Mr. Chwastyk resigned after our investigation into his 16 Quiltech activities.
17 BY MR. JOHNSON:
18 0
Did he have any reason to doubt that Mr. Chwastyk 19 resigned in anticipation of his being removed?
20 MR. RICHARDSON:
That calls for speculation about 21 what was inside Mr. Chwastyk's mind.
22 MR. JOHNSON:
I am asking whether Mr. Kanga has 23 any reason in his mind to believe that that is not true.
24 THE WITNESS:
I have no basis of knowing what went 25 on in Mr. Chwastyk's mind, so I have no opinion.
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BY MR. JOHNSON:
1 2
0 Was it your view that if Mr. Chwastyk had not l
resigned,'that he would have been removed?
l 3
l 4
A I was not involved in that decisionmaking process, 5
so I really can't answer.
6 0
Was it your opinion that it would have been l
7 appropriate for Mr. Chwastyk to have been terminated for his 8
conflict of interest with respect to-representing Quiltech in 9
his trip to Duquesne Light Company?
10 A
Could you repeat that, please.
11 Q
Was it your opinion at the time that it would have 12 been appropriate to remove Mr. Chwastyk, based on his O
13 activities on behalf of Quiltech at the time he was a GPU 14 employee?
15 A
Since this was a GPU Nuclear employee, and since i
16 Mr. Arnold was reviewing that whole situation, I did not put 17 myself in a position of making judgments on thos'e t
18 situations.
19 0
But did you make a judgment at that time?
20 A
No, I did not.
21 Q
Do you now think that it wou]d have been i
22 appropriate to remove Mr. Chwastyk at that time?
1 23 A
It is pretty hard for me to go back four years and 24 make a judgment, especially when I did not know all the 25 information that was available to Mr. Arnold and GPU Nuclear I
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on making those types of decisions.
So I really don't think 2
I can make that type of judgment today.
3 Q
When did you first become aware that Mr. Parks was 4
going to be interviewed by the Bechtel interna) auditor in 5
March, 1983?
l 6
A I may have been informed a day or so earlier.
I l
7 am not quite sure of the specific date.
But I was aware of 8
that prior to the interview.
9 Q
Who told you?
10 A
I don't remember.
1 11 Q
What were you told about the reason for the l
l 12 internal audit being conducted involving Mr. Parks?
O 13 A
Internal auditor was asked to review Mr. Parks' 14 activities regarding the typing of the resumes and how he 15 obtained those resumes.
16 0
Were you aware that other people were being 17 interviewed as part of this internal audit?
18 A
I really don't reca)) whether I knew other people l
l 19 were being interviewed.
I may have known about it.
l l
20 0
Did you have conversations with Mr. Wheeler or 21 Mr. Elof f man immediately after the interview that Mr. Hoffman 22 had with Mr. Parks on March 14, 1983?
23 A
I believe I had a very br.ief discussion with l
l 24 Mr. Hoffman after his interview of Mr. Parks.
I i
l g
25 Q
What did he tell you?
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A Basically he informed.me that Mr. Parks had 2
essentially confirmed that he had asked Rose Rittle to t.ype 3
3 certain resumes.
He may have given names of the individuals' i
4 whose resumes had been typed, some of the names.
I a.lso
- \\
5 recall that he informed Mr. Hoffman that he had paid Rose i
6 Rittle a certain amount of money, I don't remember the exact j
7 amount, and that he had been asked to have those resumes-8 typed by Mr. Kanga.
Those are the things that I do 9
remember.
10
.0 What did you tell Mr..Hoffman?
l 1
l 11 A
Nothing.
He was just briefing me on the f
12 i nf orma ti on.
't i
13 Q
Did you brief anybody with respect to what you had l
14 just learned?
15 A
Yes.
I passed that information on to Mr. Arnold.
16 Q
What did Mr.' Arnold say to you at that point?
l l
17 A
I don't recall any specific response from 18 Mr. Arnold.
19 Q
Did he give you any instructions as to how to 20 proceed at that point?
l 21 A
Since this was an interna) audit of Rechtel, it 1
22 wasn't up to Mr. Arnold to instruct anyone.
{
23 Q
Did Mr. Hoffman indicate to you that Mr. Parks had 24 requested to meet with Mr. Sandford the next day, in the 25 conversation after the interview?
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A He may have informed me.
I don't recall that 2
'specifically.
3 Q
Did Mr. Hoffman indicate to you that'Mr. Parks had 4
denoted that he had safety concerns that had not been l
5 attended to?
6 A
He may have stated that.
I don't recollect that.
7 But I was aware of Mr. Parks safety concerns before that.
8 Q
Did you have a conversation with Mr. Sandford or 9
Mr. Bruner in Gaithersburg around the same time you talked to' 10 Mr. Arnold that same afternoon?
11 A
I don't recall calling Mr. Sandford or Mr. Bruner 12 specifically regarding that debriefing from Mr. Hoffman, 13 because I expected Mr. Hoffman to report to Mr. Sandford.
14 Q
Did you have any other conversations with 15 Mr. Sandford or Mr. Bruner that afternoon?
16 A
I can't recall that afternoon, a c tu al.l y.
17 Q
With respect to Mr. Parks?
18 A
Yes, I understand.
No, I don't.
19 Q
When did you first learn about the -- well, on the 20 next morning, Mr. Parks went up to Gaithersburg and met with 21 Mr. Sandford and Mr. Wheeler.
When did you first learn about 22 the results of that interview?
l 23 A
I really don't recall any specifics in terms of i
l 24 learning about the details of that meeting.
25 Q
Do you remember whether Mr. Bruner or Mr. Wheeler l
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1 or Mr. Sandford called you after -- on March 15 after that 2
interview to talk to you about it?
3 A
I don't recall a specific call for informing me of i
l 4
that meeting, but I may have had conversations with 5
Mr. Sandford or Mr. Bruner afterwards, and they may have 6
informed me about that meeting.
7 Q
Did you have conversations with Mr. Sandford prior 8
to your conversations with Mr. Parks on March 17 regarding j
1 i
9 the meeting that Mr. Parks had with Mr. Sandford on March 10 15?
I 11 MR. RICHARDSON:
I am sorry, could you read that 12 one back.
O 13 MR. JOHNSON:
I can ask another question.
14 BY MR. JOHNSON:
15 0
You met with Mr. Parks on the morning of March 17 l
16 to discuss that letter?
I 17 A
The letters of the 16th.
l 18 Q
Yes.
19 A
Yes.
20 0
Prior to that time, and after the interview 21 Mr. Parks had with Mr. Sandford in Gaithersburg, did you have 22 any conversations with Mr. Sandford concerning Mr. Parks?
)
i 23 A
Most probably.
I don't remember specifics.
l
)
24 Q
Did Mr. Sandford inform you at the interview with 25 Mr. Parks that Mr. Parks had noted that he considered himself ACE-FEDERAL REPORTERS, INC.
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to have been the victim of threats?
2 A
I don't recall that information from - coming 3
from Mr. Sandford, but he may have given that to me.
I 4
really don't recall that conversation in detail.
5 Q
Did Mr. Sandford say anything to you about his 6
observations about Mr. Parks being something of a l'
7 troublemaker?
l l
8 A
No, I don't think so.
9 Q
Did ho discuss his opinions about Mr. Parks' 10 attitudes at the site?
11 A
I really don't recall that.
1 12 O'
Prior to the time that Mr. Parks came in to ta.lk 1
l-13 to you, had you received some kind of an impression about l
14 Mr. Parks' situation, his personal behavior, his attitudes I:
1 15 and relationships with others on the site related to the 16 performance of his job?
17 MR. RICHARDSON:
Impression with regard to his job 1'
i 18 perf ormance or impression with regard to his attitude?
1 1
19 BY MR. JOHNSON:
I l
20 Q
Did Mr. Sandford say anything to you, or did you 1
21 have any other information, based on the events of the last 22 three days, concerning Mr. Parks' interviews, that gave you 23 some information about Mr. Parks' mental state?
24 A
Okay, you must understand that I had read 25 Mr. Parks' memo to Mr. Sandford prior to Mr. Parks meeting ACE FEDERAL REPORTERS, INC.
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1 with me.
2 O
Okay.
3 A
Ile had left that memo, with the note, and asked my 4
secretary to have a meeting with me.
So she arranged the 5
meeting for the next morning.
But I had the memo that 6
evening, and I had read the memo, so I was aware of 7
Mr. Parks' concerns as expressed in that particular memo.
8 Q
So when did you read this first memo, this letter, 9
to Mr. Sandford, of March 16?
10 A
Most probably the evening of the date that is on 11 that memo.
12 O
It's true, then, that you had read this third 0
13 paragraph, where it says "It is difficult to serve Bechtel 14 well when I am be3 ng intimidated f or attempting to do my -job 15 conscientiously and for raising concerns with the Nuclear 16 Regulatory Commission.
Can I receive your personal assurance 17 that this intimidation will cease."
18 A
Yes.
19 0
Did you call Mr. Sandford, or did Mr. Sandford 20 call you that evening?
21 A
No, I don't recal.1 any conversation with 22 Mr. Sandford -I was in meetings that afternoon, and, 23 therefore, Mr. Parks could not see me that afternoon.
I 24 usually was at the site quite late in the evenings, so I read 25 that memo.
By that time, 1 did not have any occasion or time Ace-FEDERAL REPORTERS, INC.
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'~
~
11 to call Mr. Sandford, 1d the mek ti v..J,' t.ra k jlace the f ini.'
t i
2 thir,qlin the morning, so the-rfkas no time for that
(
3 conversation.
f
\\
4, O
Did you have snybnvesatioac-vitt anyliody about
.)
5 what you had raed prier to meeting with Mr. ? arks?
1 1
f' s
6 A
ho, I didn,,
have meetings wit.h Mr. Parks.
7; Q
How di([ the meeting uitt Mr. Parks ocr'ur on the 8
r:orning of the 17th?
L 9
3 How did it occar?
10' Q
How did it i n.f.' i a t e?
ni
'~
l 11 A
Oh, initiate?
I went thrchgb the memo pab igraph r
12 by paragraph and talked to him about - /
3
/
a q
13
.Q I an.w;Qy, in1N ate,..
t
,y
'\\!
14 A
Initiate?
15 d
How did it start.
Who initiated.+he meeting?
s\\
j 16 i A It was init.iated a9 his request.
Are you saying y
17 who spoke f i rs t?'!
10 0
11 0, I tm sorry.
He leth you a note saying he
\\
~
19
.r.a n t ed t o speak
',. ' you, Did your secretary. 't11 him? ' -
s 20 A
He a.sse talked to my secretary, v}rn he left t.he f
o 21 memo or letter, t u.t he wanted '..) have a meetingI,.ith me.
\\.
22 Since she knew that my calenda!. was fu)) for that af.ternoo:i, 2 ~4 she arranged for
- e. meeting for U.e ney/i mort.ing.
., o,
O I, nee.
So he just showed up/
g 25 A
He just sPawed up at 8:00.
My mereta;y had l
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D
.)
- 1 informed me that she had arranged an BsM0' meeting.
l l
2
-Q Now we are up to the conversation.
I cut you off.
3 A
Basically, he and I talked about.that memo 4
paragraph by parag aph, and we discutbed it.
5 Q^
What did Mr. Parks say' to yrm specifically with 7
,q 4
6 regard to his c3 aim that he was being intimidated'or 7
harassed?
s 8
A I don't recall the specific details that itny have 1
.j
')
been discussed in this meeting in ter)is of what specifMed df
,it' 10 harassment he may have given.me at! Chat time.
11 But my disertesion with him was.that both within-12 Rechte3 and within GPU, there were certain procedural outlets j
,O l'
13 for him to bring thatuto the attention of the responsible 14 managers.
15 Q
Yes.
16
- A 3 Therefore, T asked him as to:why'he did not bring 17 up those issues either so hin' chief, which was'the gh'.Mf o
18 startep engineer, Mr. Whie1Nr, or to Jim Thiesing or te!
19 Barton or to me.
I also explained to him that GPU had an i
20 ombudsman ujo he cou3d call and discuss ar.y of his coricerns l
t 21
.or threats of intimida tion.
22 Q
Was this the first occasion in which you had 23 heard, asidefromreadingalett$erthatheleftthenight 24 before, that Mr. Parks had -- w 1; ideling that he was being 25 the subject of intimidation or harassment?
l ACE FEDERAL REPORTERS, INC.
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i
('
>1 A
Yes, I be)leve so.
2 O
What did you te.13 him about the conflict of 3
interes t charge that he said he was sensitive to in. his first j
4 numbered paragraph of his letter?
5 A
His basic concern was.why was he interviewed by 1
6 i Mr. Hoffman.of~ internal auditing.
I explained to him that j
7, internal auditing is requested to look into issues where J,
_8 there is a conflict of interest, a potential of conflict of 9 ?^
interest violation, and that that was the reason why internal 10 auditing interviewed him, and that that was not an issue of l
11 harassment.
He felt that he was being harassed by being l
l 12 interviewed by interna] auditing.
O 13 Q
Did you tell him that he could be terminated for a
~14 vio.lation of the Bechtel Directive 2.1 or 2-1?
15 A
No, I did not tell him he could be terminated for 16 Isolating that directive, because I did not know he had 17 violated the directive or what was involved in it.
18 Q
Had you had any conversations with Mr. Hoffman or 19 f Mr. Wheeler or Mr. Sandford about the possibility that 20 Mr. Parks had violated 2-1 prior to that time?
- r.
21 A
No.
The reason for internal auditing looking into
(.
\\
22 it was to determine if there was any violation.
So until 23 internal auditing did its job, there was no determination 1
24 ithat he had vio. lated any of them, 0-Pf '
25 Q
Did you say to Mr. Parks that his conduct had put V
l i
\\
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Bechtel in a bad light?
2 A
I did tell him that his' conduct in having resumes 3
of GPU employees typed by a Dechtel secretary for Quiltech 4
did put Bechtel in an embarrassing position with GPU.
5 MR. JOHNSON:
Why don't we take our break now for 6
lunch and reconvene at 1:00.
7 (Whereupon, at 12:30 p.m.,
the deposition was 8
recessed, to be reconvened at 1:00 p.m. this same day.)
9 10 11 12 0
13 14 15 16 17 18 19 20 21 22 23 24 l
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AFTERNOON SESGION (1:10 p.m. )
2 Whereupon, 3
BAHMAN K.
KANGA 4
resumed the stand and, having been previously duly sworn, was 5
examined and testified further as f:0110ws :
1 6
EXAMINATION (Continued) 7 BY MR. JOHNSON:
8 Q
Mr. Kanga.
In your morning discussions with 9
Mr. Parks, you went paragraph by paragraph, this is. March 17, 10 you went paragraph by paragraph through the '.etter?
11 A
Yes.
i 12 Q
Do you have a copy of the lette..- before you?
O 13 A
Okay.
He has a copy.
14 Q
Did Mr. Parks tell you that he had not received a 15 full analysis of his safety concerns regarding the polar i
36 crane issues?
17 A
He made that claim, and he and I talked about it.
i 18 And as a result of that discussion, I offered to have him 19 ta3k to Jim Larson, who was the manager of licensing and i
20 safety, to discuss his concerns regarding some of the 21 Jicensing issues, as well as to talk to H3aine Ha31ard about j
22 any issues-that he had in terms of following the procedures l
23 or any safety issues.
24 The thing that we need to understand is, it was my 25 understanding that most of the issues had been taken care of, l
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i i
so 1 was somewhat surprised when he said he didn't'think that 2
.they had been taken care of.
Instead of getting into a long 3
discussion on any one issue, it was best to arrange for him l
4 to talk to the two people who were invo.1ved in the 1
5 resolution, to talk to the two individuals who were involved 6
in the reso]ution of those issues.
7 Q
You didn't go into the. details about the nature of-8 his reservations, as they conti nued?
9 A
Not'in any great detail, no.
10 Q
Did he indicate that he was satisfied or that he 11 withdrew any of his reservations as a result of your 12 conversation with him that morning?
O 13 A
No.
Since I told him I would arrange for those 14 two gentlemen to talk to him, there was no need at that time 15 to withdraw any of his concerns.
16 Q
'So you didn't assume, at the end of this 17 conversation, that he had withdrawn any of his concerns?
18 A
No.
I did not assume that he had withdrawn his l
19 concerns.
Those are the procedural and safety issues and 20 licensing.
21 Q
He also indicated that he felt he hadn't gotten a 22 full response to the March 1 memorandum that went from 23 Chwastyk to Lake that we talked about earlier.
24 A
Yes.
25 Q
Did he indicate to you that he would like to have ace. FEDERAL REPORTERS, INC.
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'30478.0 COX 73 1
a written reply before he would modify or abandon his 2
positions?
3 A
I don't believe he asked me.for any written 4
response.
My discussion with him was to make sure that he 5
understood the resolutions.
So if he understood those 6
resolutions, then perhaps there was no need for any written 7
response.
That was -- my objective was to make sure that he 8
understood what was going on and that.he basically agreed j
9 with it.
10 0
That was your objective?
-11 A
Yes.
12 Q
Did he indicate that he had been pressured to O
13 eliminate his objections without adequate explanation?
14 A
That's what he says in this memo.
15 Q
Orally?
16 A
And he did not give me any specific detail as to 1
17 what type of pressure was being put on it.
He just basically 18 contend ed --- it's really simi3ar to his contention that the 19 internal audit was a form of pressure of harassment.
And as 1
20 I explained to you earlier, and I explained to him, that the l
21 internal audit was a way in which to find out more details
]
22 and resolve the issue; it was not an intimidation, 23 harassment, or putting pressure on an employee.
24 0
Did he say to you that his removal as alternate l
25 startup and test supervisor on February 18 through 23 was a l
l l
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- j. k) l-1 form of pressure?
l l:
2 A
2 don't recall a specific discussion of that l
l 3
item.
l 1
4 Q
What do you recall?
5 A
I really don't remember whether that was an item
~
6 that we discussed or not.
7 Q
Did he mention the removal of himself from the 8
alternate startup and test supervisor position in this 9
meeting?
10 A
I can't tel] you this, sir.
I don't remember the 11 details of that discussion.
12 0
Can you confirm that he did not raise this?
O 13 A
No, I can't.
If I can't recall comething I can't 14 say that it was or it wasn't.
15 Q
Did you ask him whether he could give any 16 specifics about the pressure that he was feeling to climinate 17 his objections?
18 A
Yes.
As I said already, his main issue at that 19 time was that having internal audit review his activities 20 regarding Quiltech, he considered that as a forn of 21 intimidation, and I explained to him that it was not, that, 22 indeed, that was done so we could find more facts about it, 23 and until the facts were known, there was no action to be 24 taken.
25 0
Were there any other incidents that were mentioned ace FEDERAL REPORTERS, INC.
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L) 1 that. indicated pressures?
2 A
He may have talked about things in general.
I am i
i l
3 not sure.
l 4
Q What things?
l.
5 A
His comments here are very general.
They are not l
L 6
in specifics of so-called harassment.
7 Q
At the t.ime of this meeting, were you aware that-l 8
Mr. Parks had been removed as alternate and startup test l
9 supervisor?
l 10 MR. RICHARDSON:
That's been asked and answered l.
11 now several times.
12 MR. BERRY:
Phat was the answer?
O 13 THE WITNESS:
I already said I was not sure that I l
14 was aware of it, and most probably I was not.
15 BY MR. JOHNSON:
16 Q
At this meeting, did Mr. Parks indicate to you 17 that he had been told that there were rumors about his 18 transfer from the site that he had heard?
19 A
I don't recall any rumors about Mr. Parks leaving 20 the site, no.
21 Q
I am sorry.
You don't recall whether he mentioned 22 rumors that he had heard about his transfer or not?
23 A
I don't recall any of that.
24 Q
Did you ask Mr. Parks whether, in addition to the 25 discussion that you had about Qui 3 tech, whether there was any l
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1 other basis.for stating in his letter.that he was being 2
intimidated, this is. paragraph 3?
3 h
Yes.
4 Q
You did ask him?
5 A
Yes,.I believe so.
6 Q
What did he say?
7 A
Basically he gave me some general responses, and 8
he also indicated to me that he had talked to Mr. Sandford 9
about that.
10 0
Did he bring up in the meeting his concern about 11 being harassed or intimidated foregoing to the NRC?
12 A
This was the first time that any reference was.
.\\
13 made to me regarding Parks going to NRC.
14 Q.
I am sorry, that wasn't completely responsive.
15 What do you mean?
16 A
Tell me what you want.
17 Q
My question was, did he bring it up?
You are 18 saying this is the first time.
I am not sure.
Do you mean 19 the letter?
20 A
Yes.
21 Q
I am asking you, in your conversation with him, 22 which you say you discussed paragraph by paragraph --
23 A
Yes.
24 0
-- I am asking ora]ly, did he raise to you his 25 concern that he was being intimidated because he went to the I
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NRC?
-2 A
Since I had already read this paragraph, I don't 3
think he needed to raise that issue with me.
But I did not 4
ask him why'he had gone to NRC, because I did not'think-that 5
that was appropriate for me to do so.
6 0
Wasn't it appropriate though for you to try to 7
find out whether he had been harassed or intimidated for 8
going to'the NRC?
9 A
Yes.
10 Q
But you didn't ask him about it?
11
-A His statements about intimidation were very 12 genera 3.
O 13 ttR. RICHARDSON:
He already testified that he 14 inquired as to what basis it was for intimidation.
15 DY MR. JOHNSON:
16 Q
Yes.
17 A
So whether anybody had intimidated him because he 18 went to NRC, firstly, as far as I was concerned, nobody knew 19 that he had gone to NRC.
20 Q
You hadn't known?
21 A
No, I had not.
This is the first time I knew that l
l --
22 Mr. Parks had gone to the NRC.
L 23 Q
Okay.
i 1
L 24 A
So it's rea3]y difficult for me to be3ieve that he 25 was being int.imidated for some action that nobody knew he had I
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taken.
2 Q
Did you ask him specifically who had intimidated 3
him?
I 4
A I may have asked him, and he never gave me-any 5
names or any details of that.
6 Q
He didn't give you names.
Did he give you shops 7
or offices, departments of people?
8 A
No, no.
This particular issue is he is making a 9
very. general statement and never giving us any details.
10 0
How did you know that no one knew that Mr. Parks 11 had gone to the NRC?
12 A
I didn't say that no one knew that Parks had g~one L)/
l' 13 to the NRC.
But I am making an assumption that nobody knew 14 and that type of information --
15 Q
Did you have any --
16 MR. RICHARDSON:
Pardon me.
He interrupted the 17 answer.
Could you read back the answer to the point when 18 Mr. Kanga was interrupted.
19 (The reporter read the record as requested.)
20 BY MR. JOHNSON:
21 Q
I am sorry, go ahead.
22 A
The information regarding an individual going to 23 NRC is not made public; and, therefore, no one would know I
i 24 about it.
That is the assumption.
I 25 Q
Okay.
That was your assumption.
Did you have any ACE FEDERAL REPORTERS, INC.
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'79 V
1 reason to disbelieve Mr. Parks' statement that he was being 2
. intimidated for going to the NRC?
i 3
A
.Well, I just gave you the reason.
That if no one 4
knows he had gone to the NRC, how could anybody be 5
intimidated?
6 Q
So you disbelieved his statement?
7 A
That's right.
But I asked him about any details, 8
and he didn't give me any details as to the individuals.
9 Q
Did you disbelieve that Mr. Parks had any 10 continuing safety concerns on your talk with him that 11 morning?-
i 12 A
No, I did not disbelieve that Mr. Parks had safety
. A,
.V-13 concerns.
But the question was, how real were those safety 14 concerns.
The reason for my making arrangements for him to 15 talk to Jim Larson and Blaine Ballard were to make sure that 16 he understood the reso3utions of those concerns so that he 17 could feel satisfied with them.
18 Q
What was Mr. Parks' demeanor during your talk with 19 him?
20 MR. RICHARDSON:
What do you mean by " demeanor"?
21 BY MR. JOHNSON:
22 0
How did he appear to you; was he calm?
23 A
He was very excited, very upset.
24 Q
Was he lucid?
25 A
Yes.
1 l
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Q Did he explain what he meant in a clear manner?
2 A
But:very vague and general, not clear-in the sense 3
of details.
4 0
Did his behavior indicate to you that he felt that
'5 he wished to be removed from a situation in which he had 6
responsibilities for reviewing the polar crane?
7 A
He did not make any of that type of a statement to 8
me.
9 Q
Did you have any basis from his behavior to come 10 to believe that he wished to be dissociate'd with his 11 comments?
i 12 A
No.
O l
13 MR. RICHARDSON:
Pardon me, are you asking whether 14 he formed that opinion that morning?
15 MR. JOHNSON:
Yes.
That's what I was asking.
16 MR. RICHARDSON:
That was the question.
17 MR. JOHNSON:
He answered.
j 18 BY MR. JOHNSON:
19 Q
Did Mr. Parks appear nervous to you?
20 A
Yes, he did.
1 21 Q
How did you -- based on what did you reach that 22 conclusion?
23 A
The way in which he talked, the way in which he
]
I 24 expressed his concern about the fact that a review was being 25 made about his activities regarding Quiltech.
j i
I 1
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1 Q.
Did you feel that he was behaving as though he 2
felt threatened?
3 A
No. -He appeared to be nervous as to why the 1
4 investigation-was being made, and he didn't know what;the 5
results may have been.
6 0
So it was your impression that he was worried 7
about his fate wit!'.n the company?
8 A
I don't know.
9 Q
What was your impression?
10 A
He was just generally nervous.
That's all I can 11 answer.
I can't reach into his mind.
12 Q
I am not asking you to reach into his mind.
Just O
13 what you observed.
14 A
Yes, he was nervous.
15 Q
Did he express -- show a different demeanor when 16 he was talking about his worry about the outcome of. the 17 Quiltech investigation, and his demeanor when he said tha t he 18 did not want to abandon his safety concerns until he had 19 gotten an explanation?
20 A
I don't think there was any significant change in 21 his behavior.
22 Q
Did he appear to you to be f.irm in his belief 23 about the validity of the safety concerns?
24 A
He appeared to be.lieve what he was saying, as far l
25 as the safety concerns were concerned.
1 ACE FEDERAL REPORTERS, INC.
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Q How did you terminate the interview, what was the 2
conclusion of it?
3 A
Well, we talked about these items and, as I 4
mentioned to you earlier, that I offered to arrange for a 5
meeting with him, Blaine Ballard, Jim Larson.
I also told 6
him that I would send this letter to Mr. Sandford, which I 7
did.
l 8
0 Did you say you would get back to him?
i
-l l
9 A
Since this memo was to Mr. Sandford, it was up to
')
I 10 Mr. Sandford-to respond, so I didn't get back to him as.far 11 as this memo was concerned.
1 12 Q
Did you say anything to'him about his fears with l
O 13 regard to harassment or intimidation?
4 14 A
As I said, I tried to explain to him what he l
15 considered as harassment or intimidation, was, indeed, not 16 harassment or intimidation, but it was a way of finding out 17 what his concern, what his activities were regarding i
18 Quiltech.
19 Q
Did you tel] him to come to you if he experienced 20 any instance of harassment or intimidation?
i 21 A
Yes.
As you recall, I said to him that he had 22 various avenues of bringing his concerns to the management.
i 23 One was to go through his chain of command and come,to me.
24 The other one was to call the ombudsman or to go thtough his 25 chain of command to Mr. Whee]er and then to Mr. Sandford.
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1 he had essentially three avenues which were open.
l l-2 0
Did you have any conversations -
.let me back up.
j 3
When you were asked, before lunch, about your 4
interview with Mr. Chwastyk concerning follow-up of 5
information that Mr. Arnold had told you about Mr. Chwastyk's 6
involvement with Quiltech, did you have any discussion with.
7 Mr. Chwastyk concerning the resolution of the site operations 8
concern about the polar crane?
9 A
Not in the same meeting.
10 0
In an earlier meeting?
11 A
Earlier I may have talked to him about resolution 12 of these general problems.
13 Q
Did you suggest to Mr. Chwastyk that he ought to 14 pursue the removal of Mr. Parks as a reviewer on the polar 15 crane?
16 A
Never.
17 Q
Did you discuss it with him?
18 A
No.
19 Q
Did Mr. Chwastyk recommend it to you?
20 A
Not until the afternoon of March 17.
.21 Q
Did you indicate to him, prior to the March 17, 22 that you saw a problem in the status of the review of the I
23 polar crane and site operations resistance to accepting it?
I 24 A
A problem in what way?
25 0
That the site operations position on the poJar
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crane was holding up sign off on the polar crane procedures?
2 A
No, I wanted all the concerns reso]ved, and if 3
they couldn't be resolved, then I would have resolved them 4
myself.
5 Q
Is that what you told Mr. Chwastyk?.
l 6
A I don't recall exactly wha t I told him, but what I 7
told you just now is what I would have done.
8 Q
Are you certain tha t you didn' t suggest to 9
Mr. Chwastyk that he remove Mr.-Parks?
10 A
I am absolutely certain about that.
11 Q
Did-you, after meeting with Mr. Parks that morning 12 of the 17th, did you call Mr. Chwastyk?
[
13 A
No, he called me.
14 Q
When did he call you?
'15 A
sometime during the day.
I don't recollect 16 exactly the time.
17 0
Prior to talking to Mr. Chwastyk that day, did you 18 have any conversations with anyone concerning your meeting 19 with Mr. Parks?
20 A
Yes.
I had a conversation with Mr. Arnold, and I l
21 may have called Mr. Sandford and briefed him on that and told l
22 him that I am sending this Jetter to him.
23 0
In your conversation with Mr. Arnold first, who l
24 ini tiated that conversation?
25 A
I did.
j j
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1 Q
What did you Lell Mr. Arnold?
2 A
I briefed him on that meeting.
-l 3
Q Did you tell Mr. Arnold that Mr. Parks felt he was 4
being intimidated?
5 A
I don't reca]1 the exact : conversation.
These are 6
four, five years ago, so it's very difficult.
But I did 7
brief him on the meeting, and I may have gone over the points 8
that Mr. Parks had addressed.
I can't tell you.
i 9
Q Do you reca)) go.ing through the letter with I
10 Mr. Arnold?
11 MR. RICHARDSON:
What do you mean by that?
Did he 12 read the letter to Arnold?
O 13 HY MR. JOHNSON:
14 Q
Yes.
You said you went through the letter in 15 pretty much detail with Mr. Parks.
Did you discuss this 16 March 16 letter to Mr. Sandford with Mr. Arnold?
1 17 A
In briefing Mr. Arnold about my meeting with I
18 Mr. Parks, I did inform him of the letter.
19 Q
Did you describe the contents of each paragraph?
20 A
I doubt it.
I don't remember.
21 0
Did you discuss with him that part of the 22 conversation which dealt with Mr. Parks' s tatement to you 23 that he believed that the Qui] tech interview was
)
24 intimidation?
25 A
Probably I did.
That was part of the g
I l
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conversation.
2 Q
Did you tell Mr. Arno3d that Mr. Parks still had I
3 reservations about the resolution of his polar cranc I
4 concerns?
5 A
Yes.
(-
6 Q
Did you tell him that Mr. Parks-had still. felt he l
7 was being pressured to eliminate his objections?
8 A
I can't te31 you:that.
- i don't remember, sorry.
9 And if I remembered all the details, I would have told you in
)
10 the first answer.
11 Q
Did you recommend to Mr. Arnold any course of 12 action with respect to Mr. Parks' coming to you?
O 13 A
No.
14 Q
Did Mr. Arnold recommend any course of action to 15 you?
16 A
No.
17 Q
Did he give you any instructions?
18 A
No.
19 0
Did you tell him what you were going to do next?
20 A
Yes.
I informed him that I was sending this 21 letter to Mr. Sandford.
22 O
When you spoke to Mr. Sandford, was it before or 23 after you spoke to Mr. Chwastyk that day?
24 A
Probably --
25 MR. HICKEY:
His testimony was that he may have ACE. FEDERAL REPORTERS, INC.
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spoken to Mr..Sandford.
2 MR. JOHNSON:
Okay.
I am asking, when was that.
's MR. RICHARDSON:
You have already asked that.
4 then.
The testimony was it was probably that morning after 5
the meeting with Parks.
6 BY MR. JOHNSON.
4 7
.Q Did you or did you not speak to Mr. Sandford that 8
day?
l 9
A I said I may have talked to him.
I don't remember 10 exactly.
l 3
11 MR. RICHARDSON:
I am sorry.
I thought your 12 question was when the witness spoke with Mr. Arnold.
I l
13 apologize.
14 BY MR. JOHNSON:
15 Q
Yesterday, I had a deposition with Mr. Sandford.
16 He indicated that he did have conversations with you that l
17 day.
18 A
Ok.ay.
19 Q
Does that refresh your reco11cetion at all?
20 A
Well, I testified earlier that I may have talked 21 to him that morning, yes.
22 Q
He indicated, and I have the deposition here, if 23 you would like to look at it, but your counsel was here 24 yesterday and can verify this, he indicated that you had 25 ta.1ked to him about the contents of your discussion with ACE FEDERAL REPORTERS, INC.
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Mr. Chwastyk and Mr. Parks that afternoon of March 17; is l
2 that correct?
3 A
That may be two separate conversations, one in the 4
morning to talk about Mr. Parks, one in the afternoon to talk 5
about Mr. Chwastyk and Mr. Parks.
6 Q
Based on what you knew about Mr. -- let me go on 7
to your meeting with Mr. Chwastyk.
How did that transpire.
8 Who initiated that contact?
9 A
Mr. Chwastyk called me, and he said that he had 10 had conversations to Mr. Parks that day, and that Mr. Parks 11 was feeling pressured, and that he also --
"he," meaning 12 Chwastyk -- felt that the best way of essentially removing
-O 13 the pressure from Mr. Parks was to basically transfer him, 14 away from TWG and put someone else in his position.
I asked 15 him if he had discussed that with Parks, and he said, yes, he 16 had, that he was -- that Mr. Parks had agreed with that 17 arrangement.
I said, how are you going to do this; he said 18 he had a memo that he was going to issue.
19 So I asked Mr. Chwastyk to come to my office and i
20 show me the memo.
When I read the memo, I basically wanted
)
21 to be sure that Mr. Parks did not take that memo as 22 additional intimidation, ha ra s s men t, or anything of that 23
- nature, Just to be sure that what Mr. Chwastyk had told me
'1 24 about his conversation was Mr. Parks was absolutely clear to i
i 25 Mr. Parks, I requested Mr. Parks to come to my office.
At ACE FEDERAL REPORTERS, INC.
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that time I again showed him the memo.
He said he had seen l
2 the memo.
I talked to him to be sure that he did not feel 3
that this was not of any embarrassment to him or of any l
4 concern to him, and he said no, he understood that.
After 5
that, Mr. Chwastyk signed that memo and issue.
6 O
Did Mr. Chwastyk's characterization -- first of 7
all, Mr. Chwastyk said to you that it was -- that Mr. Parks 8
agreed with this proposed removal of Mr. Parks from the test 9
working group?
10 A
Yes, he did.
11 0
Didn't this seem improbable to you based on that 12 conversation that morning with Mr. Parks about his continuing O
13 concerns that was before this working group?
14 A
That was the reason for requesting Mr. Parks to 15 come to my office.
If he had any concerns, he could then 16 explain that to me, and I could have then taken the 17 appropriate action.
That's the reason why 3 didn't just 18 accept Mr. Chwastyk's statement and say, okay, go ahead and 19 send it.
20 Q
Did you have any reason to disbe]ieve 21 Mr. Chwastyk's or Mr. Parks' version of what they said to 22 you?
23 A
No.
I did not have any reason to disbelieve it.
24 I just wanted to be sure that Mr. Parks clearly understood 25 what was being discussed.
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Q At the time you had the conversation'that 2
afternoon with Mr. Chwastyk, you were aware that Mr. Chwastyk 3
.had some involvement with Quiltech; isn't that true?
4 A
We talked about that earlier, and the' timing is 5
somewhat confusing as of right now.
But even if I did know 6
that Mr. Chwastyk had worked with Mr. King in terms of 7
reviewing some proposal, that had no effect on what 8
Mr. Chwastyk and Mr. Parks were talking about.
9
-Q It didn't occur to you that Mr. Chwastyk might 10 have some reason for prop'osing the removal of Mr. Parks?
11 A
Other than what he told me, which was that 12 Mr.-Parks was feeling nervous and that Mr. Chwastyk thought O
13 that this was one way of removing the pressure on Mr. Parks.
14 0
Did it occur to you that this removal would have 15 accomplished-the very thing that Mr. Parks was complaining 16 about?
17 MR. RICHARDSON:
Read that one back, please.
4 18 (The reporter read the record as requested. )
19 BY MR. JOHNSON:
20 Q
Do you understand the question?
21 MR. RICHARDSON:
I have got to object.
The 22 question is extremely vague and ambiguous, calls for 23 speculation as to what was in Mr. Parks' mind, as to what 24 objecLive he has, what he is trying to accomplish.
I think 25 you ought to be a Jot more specific.
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0 1
BY MR. JOHNSON:
l 2
Q Can you answer the question as asked?
3
.A Can you clarify it?
4 Q
Is there something about the question that you
]
)
5 don't understand?
6 A
Yes.
7 MR. RICHARDSON:
Don't answer that question.
The 1
8 quest' ion has got to be rephrased.
9 BY MR. JOHNSON:-
I, 10 Q
So when Mr. Chwastyk spoke.to you, did you have in i
11 mind the conversation that you had recently had with him 12 concerning Quiltech?
l' 13 A
Mr. Chwastyk?
14 MR. RICHARDSON:
That is like asking somebody --
15 that's a fable. question, were you standing near the scene 16 after you murdered your mother?
He has testified he doesn't 17 have'a recollection as to whether he knew about 18 Mr. Chwastyk's involvement before this meeting.
He
>es n ' t 19 remember that.
So your present question is based on the I
20 premise he hasn't af firmed.
i i
I 21 BY MR. JOHNSON:
)
22 Q
Do you agree that nty question is similar to the I
23
' hypothetical that Mr. Kennedy Richardson just posed to you?
24 MR. RICHARDSON:
I wasn't positing a similarity 1
25 with regard to the significance.
The similarity as a lawyer l
ACE-FEDERAL REPORTERS, INC.
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1 that'I am positing is that you are asking a question which is 2
based on the premise which the witness has not affirmed.
It 3
is not a proper question.
So, would you please ask another 4
question.
5 BY MR. JOHNSON:
6 Q
Well, Mr. Kanga, you said you did have some 7
conversations shortly after the March 11 interview that 8
Mr. Arnold had with Mr. Chwastyk about the matters'that l
l 9
Mr. Arnold asked you to follow up; is that correct?
i 10 A
Yes.
11 O
What did you - okay.
Let me just back up a l
12 second.
Did you specifically ask Mr. Parks, when he came in 13 there with Mr. Chwastyk, whether he agreed to being relieved
]
14 f rom his responsibilities as primary site operations
)
15 representative on the test working group?
16 A
Mr. Parks didn't come with Mr. Chwastyk.
l 17 Mr. Chwastyk was in my office when Mr. Parks came.
18 Q
I beg your pardon.
But the question remains.
39 A
Yes.
20 Q
Did you ask Mr. Parks, in Mr. Chwastyk's presence, 1
21 point blank, do you agree to the action that was represented 22 by the memorandum that had been drafted by Mr. Chwastyk?
23 MR. RICHARDSON:
Objection.
He has already 24 testified as to his recollection of. that conversation.
/
25 Furthermore, it was asked and answered.
Furthermore, the ACE. FEDERAL REPORTERS, }NC.
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l 1
question is vague.
I think you have got to-be a bit more-2 specific as to what you mean by " point blank."
Are you
.3 asking whether he used those precise words?
4 BY MR. JOHNSON:
i l
l l
5 Q
I think the question is very straightforward.
Do 6
you understand the question?
7 A
What do you mean by " point blank"?
l' 8
Q You don't understand the question?
You don't know l
9 what it means?
Let me ask it again.
10 Did you ask Mr. Parks directly, that's what I mean' l
l 11 by " point blank," if he agreed with his removal, per this l
12 memo that Mr. Chwastyk drafted, as primarily site operations 13 to the. group.
14 A
I did not sign that memo at that time, and I asked l
15 him if he had seen the memo and if he agreed with the memo.
16 He said yes.
I asked him further that he understood that 17 this was not a reflection on his abilities.
I asked him 18 clear]y if he understood this was not a case of harassment or 19 intimidation, and he said he understood.
20 0
You seem to have a pretty firm reco31ection of 21 this affirmation by Mr. Parks.
Do you recall being l
l 22 interviewed by a member of the Department of Labor 23 investigator, Mr. Feinberg?
24 A
Yes, I do.
j 25 Q
Do you remember that was approximately May 4, l
l l
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1983?
2 A
.Approximately that time, yes, sir.
3 MR. RICHARDSON:
Excuse me, I want to get my. copy' 4
of that.
.I will.be right back.
5 (Discussion off the record.)
6 HY MR. JOHNSON:
7 Q
Do you recall, in responding concerning the same 8
event.s the afternoon of March 17, of Mr. Peinberg telling him 9
that you did not recall Mr. Parks' exact reply to your 10 question, and did not recall Mr. Parks having said he 11 understood that no intimidation occurred?
12 MR. RICHARDSON:
That's not what these notes say.
13 Where are you reading from?
Mr. Johnson, I am curious.
Are 14 you now abandoning your opposition to the Respondent deposing 15 Mr. Feinberg?
16 MR. BERRY:
Of course not.
17 MR. JOHNSON:
No, no.
la MR. RICHARDSON:
Oh, I see.
19 MR. JOHNSON:
I withdraw that quesLion.
20 BY MR. JOHNSON:
21 Q
In your deposition to Mr. Stier on page 74, you 22 were asked more or less the same question I just asked you, 23 and it's on the middle of page 74.
Do you have a copy of
(<
24 that.
Let me just read it into the record.
You say "I did 25 not want the memo from Mr. Chwastyk to be interpreted as an ace FEDERAL REPORTERS, INC.
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.i Afterbascussingthiswith l
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L 2
Mr. Chwastyk, _I asked Mr. Parkp tc,,come to my. office, and. I
.l
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j i
3 wer.t over the' same items as I described to you ear]ier.to !l. J -[
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make sure that Mr. Parks underrrt o61 that thi.:e wa's not a
.1--
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- ef.lection on his perfGrQance, that 1c was nt.t a step down; d', f
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6 for him and that I wanteN to be 100 percent sure that it was j
1 7) n 14 ' interpr'eted as an det df intimidation.;
Mr. Parks
.J1 1
8
'bacica13y affirmed myJanderstanding that fIe understood what.'
9 the memo sai.1, and that, 11 wan not beinq interpreted by 1
l 10 Mr Parks as neing intimidation or ry jection on his wcrk."
11 Do you affirm p at as a correct s tatentpt?
i I
1 12 MW. RICHARDSON:
It's kind of difficult" for t;be O
13 witness,to read the<triud.:ript if ysu are talking out loud.
(s 14 MR. bet [d':
ine.
1 15 BY MR. JOtsgr,t/
stakement" 16 0
Is that a trut i t
(
e 17 A
Correct, yes.
i 18 O
Do you remembe r these events better today than you I
19 did cack in 1983 Wiien you gave this depos tion to Mr. StUfe?
20 A
No.
I
/
4 21 Q
When you were interviewed by Mr. Feinberg, did you l I
22 state to him affirmatively that Mr. Parks! told you tha't he v
t.
C 23 understood that no ini.iptidation occurred?
)
24 A
Yes.
25 0
Did yoi'. call M.!.
Sandford before r after o,.
4 ACE FEDERAL REPORTERS, INC.
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- 1 Mr. Chwastyk to discuss this conv'ersation with Mr.. Parks and 2,
Mr. Chwautyk?
Did you call Mr. Sandfort bef ore or af t.er the 3
memo was signed?
t.
1 l
4 MR. RICHARDSCN:
Are you talking about a l
5 conversation'that she discussed?
l Q
l 6
THE WITNESS:
Are you asking about that
.l u
7 conversation regarding Chwastyk, Parks meeting?
l 8
DY MR. JOHNSON:
1 i
l 9
Q Yes.
10 A
That wac asi.er the mt.zo.
7ne f.equence of events 11 was that I had a telephone call from Mr. Chwastyk, the night After
.. N 12 he requested Mr. Chwastyktocometothyoffice.
O 13 talking to hiu and seeing the unsigned' memo, I asked-
,1 14 Mr. Parks to come into my office, after making sure that 15 Mr. Parks agreed with the memo',= and he did not feel that 16 there was anything of demotion or intimidation, then in the 17 presence of Mr. Parks, Mr. Chwantyk signed the memo.
18 Q
Then subsequently you spoke to Mr. Sandf ord 'about >
19 it?
20 A
Subsequently I did, yes.
21 Q
Did Mr. Parku tell you - well, first of all, did
)
22 Mr. Parks say much during this meeting between yourse]f, j
23 Mr. Parks, and Mr. Chwastyk?
i i"
24 MR. RICHARDSON:
You asked him whether he said 25 more than he has already testitled to?
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1 MR. JOHNSON:
Yes.
t, 2
THE WITNESS:
I don't beli eve so.
c 3
BY MR. JOHNSON:
glj.
N4 4
0 Was he basically silent during the discussion?
5 A
No, he was not silent.
He basically agreed with
-s lg q.
i 6
the memo and the f act that I had asked him.the question 4,!', <
fij-7 whether 'ne understood that it was not a demotion, not a
's r;
E-reflection on his abilities, or an act of intimidation or
,,s s
9 harassment.
10 Q
la it your testimony that he affirmatively stated 11 th4t he believed that it was not intimidation?
12 A
He did not state in that many words, but he said 13 yes.
14 Q
He said yes to you?
lb)
A Yes.
16 0
Did Mr. Chwastyk tell you that he had drafted a 17 tter that Mr. Parks had looked at, a dratt of this 18 memorandum that Mr. Parks had looked at?
lb A
I believe when he called me on the phone, he told 20 me that he had precpared a memo and that he had reviewed that 21 memo with Mr. Parks.
22 Q
Did he indicate to you that Mr. Parks had made 23 some corrections or addi tions to the draf t?
'6 24 A
1 don't reca)) exactly whether that was A
25 discussed 1"N, J n-i:
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1 Q
Did Mr. Parks -- did Mr. Chwastyk ever show you a
)
i 2
draft of the memo, even the-one he signed?
3 A
All I saw was an unsigned copy of that.
He signed l
l 4
it in my. office.
l 5
MR. JOHNSON:
This is a good time to take a short
{
6 break.
About a five-minute break.
I 7
(Recess.)
8 BY MR. JOHNSON:
l l
9 0
Getting back to Mr. Chwastyk's conversation to 10 you, he called you - let me refresh my recollection.
l 11 A
Yes, he telephoned me.
1 12 Q
He indicated to you tha t Mr. Parks was feeling O
d 13 nervous that day.
Did he say why Mr. Parks was nervous?
l l
14 A
No, he didn't.
1 15 0
Did he. indicate to you that Mr. Parks was feeling 16 pressure?
I believe that you said something along that line 17 earlier.
18 A
Yes.
19 0
Did you ask Mr. Chwastyk what kind of pressure he 20 was feeling.
What tha t was about?
21 A
I think in the morning I mentioned to you that 22 Mr. Parks had complained that he felt intimidated.
23 0
So you took that pressure that Mr. Chwastyk 24 referred to to be the same thing?
25 A
Yes, basically that he was under pressure, I
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1 psychological pressure.
l' 2
0 Psychologi ca.1 pressure to do anything in l
3 particular, did Mr. Chwastyk say?
l 4
A No.
5 0
Did you tell Mr. Chwastyk that you had just had a 6
discussion with Mr. Parks and you had your doubts about 7
whether it was a good idea to remove Mr. Parks from that 4
I 8
position?
9 A
I didn't say that I had doubts, but I did tell him 10 that I wanted to be 100 percent sure that Mr. Parks
.11 understood and agreed with that action, and that he did not 12 feel that this was an act of harassment, intimidation, or O
13 that he was being demoted from what he was doing.
14 Q
Did you at that time believe that it was a good 15 solution to remove Mr. Parks?
16 A
Yes, I thought it was a fair solution.
I 17 Q
Why was that?
18 A
Since Mr. Parks was under pressure, and that he
)
19 was feeling nervous, that there was no sense in continuing to i
20 keep him in a situation under a constant pressure.
21 Q
Did you feel, from your morning discussion with 22 Mr. Parks, that he would agree to being removed from the i
23 position of primary site operations representative?
24 A
I didn't know how he felt, and that was the reason l
25 for first asking Chwastyk to show me the memo to see what was ACE-FEDERAL REPORTERS, INC.
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30478.0 COX 100 O-1 written in that memo, and then to ask Mr. Parks to come in 2
and explain.
My only reason for calling Mr. Parks was to 3
make sure that he understood.
4 Q
In Mr. Chwastyk's deposition with Mr. Stier, he 5
gave us a somewhat different account of the events we have 6
just been talking about before and after the short break.
On 7
page 157 of that deposition, he was asked, "Do you recall 8
what Mr. Kanga's questions of Mr. Parks were?"
His answer 9
is, "He asked Mr. Parks if Mr. Parks agreed with it, and Mr.
t 30 Parks made some off-the-wall comment.
He implied to me, and 11 I think Mr. Kanga took it the same way, that he agreed."
1 12 Now, is that an accurate statement?
O-13 MR. RICHARDSON:
Wait a minute.
That's a compound-14 question.
There are several elements in there.
What are you 15 asking him about?
16 BY MR. JOHNSON:
17 Q
Do you agree or disagree with any of those 18 elements?
Well, I can ask you specifica33y.
I am not trying 19 to make this a trick question.
20 You did ask Mr. Parks if he agreed with the 21 letter?
22 MR. RICHARDSON:
Objection, asked and answered.
23 MR. JOHNSON:
I am trying to go through this thing j,
24 so we don't have compound questions, Mr. Richardson.
25 BY MR. JOHNSON:
l ACE-FEDERAL REPORTERS, INC.
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Q Mr. Parks made some off-the-wall comment.
Do you
'2 agree or disagree with that statement?
3 A
I' disagree with that.
I don't know what 4
"of f-the--wall comment" is.
5 Q
Did Mr. Parks make a statement in response to your 6
question whether he agreed or not that you didn't 7
understand?
8 MR. RICHARDSON:
Could you read that question 9
back, please.
10 (The reporter read the record as requested.)
11 THE WITNESS:
I understood his answer to be yes.
12 Otherwise, there was no sense - see, the questions that you O
13 are raising somehow imply that Parks did not say yes.
And 14 what I am testifying to you is that my understanding of his 15 answer was a clear yes.
The reason why I asked Mr. Parks to i
a 16 come to my office was to clarify the issue.
17 BY MR. JOHNSON:
18 0
Yes.
19 A
If the issue was not clarified by Mr. Parks, then 20 I would have asked him more questions.
So the reason why I 21 al. lowed Chwastyk to sign that memo was a very clear I
22 indication from Mr. Parks that he agreed and he understood 23 me.
1 i
24 Q
Do you have any opinion about why Mr. Chwastyk 25 stated, "He implied to me, and I think Mr. Kanga took it the l
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1 same way, that he agreed."
Does that not suggest to you that i
2 Mr. Chwastyk believes that Mr. Parks did not say directly,
-j
-3 yes, I agree?
i 4
MR. RICHARDSON:
Objection.
The question is' vague l
5 and ambiguous; calls for sheer speculation.
]
l 6
MR. JOHNSON:
.It's not speculation.
I asked l
1 l
7 Mr. Kanga whether his observation from the statement ~-
l
'8 MR. RICHARDSON:
From what statement?
He hasn't-i 9
seen anything.
10 MR. JOHNSON:
It's right there, i
11 MR. RICHARDSON:
What is the question?
12 BY MR. JOHNSON:
O i
13 Q..
I am asking you to interpret that statement and i
14 tell me whether it doesn't appear to you tnat Mr. Chwastyk i
15 believed or remembered Mr. Parks did not say directly, yes, 'I l
i
'16 agree.
17 MR. RICHARDSON:
At this point, Mr. Johnson, the 18 examination is getting argumentative.
He wasn't at this 19 deposition.
We can al.1 read what the words in the transcript 4
l 20 say.
You are asking him to render an interpretation as to 1
21 Mr. Chwastyk's subjective intent behind these words.
He 22 wasn't at the deposition.
He can't get inside Mr. Chwastyk's l
23 mind.
You are just grinding an axe at this point.
l 24 BY MR. JOHNSON:
25 Q
Did you discuss with Mr. Chwastyk the meeting l
l l'
1 l
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after it ended?
2 A
No, because at the end of the meeting Mr. Chwastyk 3
signed the letter, and he and Mr. Parks left.
4 Q.
This is the letter, this is the memorandum 5
removing Mr. Parks signed by Mr. Chwastyk?
6 A
That is correct.
7 Q
Is there any reason why you didn't ask Mr. Parka 8
to sign the memo?
9 A
There was no reason for Mr. Parks to sign the 10 memo.
11 Q
Wouldn't that have indicated his concurrence if.he 12 had signed it?
13 MR. RICHARDSON:
Objection, argumentative.
He has 14 already answered the basic ques tion -
15 THE WITNESS:
No, I think I wou.ld like to answer 16
- this, i
17 MR. RICHARDSON:
Okay.
18 THE WITNESS:
I believed that Mr. Parks in good 19 faith gave me an honest answer, which was yes.
There was no l
20 reason for me to suspect Mr. Parks of lying or doing anything 4
1 21 subversive or underhanded later on.
So I did not ask
)
1 22 Mr. Parks to sign that memo, not expecting or understanding l
l 23 that two days later he may have a different version.
That's 24 the reason.
25 BY MR. JOHNSON:
1 l
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Q Were you aware of the scope of the work of the 2
test work group at that time, at the time this memorandum was 3
signed?
4 A
Scope-of the work?
5 Q
Yes.
Were you aware of what was currently before 6
the test working group at the time?
7 A
Yes.
8 Q
Was_it limited to the review of the polar --
9 reactor polar crane project?
10 A
The polar crane was the issue.
11 Q
There was nothing else before it?
12 A
There were other activities going on at the O.
13 Island, but I do not believe that TWG was involved in those 14 activi ties.
15 Q
Did Mr. Parks, on his way out of that meeting, or 16 toward the end of the meeting, say something to you or 17 Mr. Chwastyk or both of you about his approval of the polar 18 crane load test procedure?
19 A
He did not tel] me.
20 Q
Is it your understanding that he said something 21 but that what Mr. Chwastyk -- you didn ' t hear i t, but 22 Mr. Chwastyk heard it?
23 A
I have no idea what Mr. Chwastyk may or may not 24 have heard, but he did not tell me anything.
1 25 0
Do you reca]1 a meeting that was conducted on the l
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morning of March 23, 1983, in a conference room in the 1
2 administration bui] ding concerning Mr. Parks going public 3
that day?
4 A
Yes.
5 0
Do you recall when you first learned that 6
Mr. Parks was going to have a press conference on March 23?
i 7
A Yes.
8 Q
When was that?
9 A
That was the day before.
And I believe someone in i
l' 10 the public relations depaVtment of GPU Nuclear had a 11 telephone call from somebody in the media asking them about a
\\
\\
l 12 press conference which was scheduled by GAP and in which
- 0 13 Mr. Parks was going to participate.
So they informed me of l
14 that.
So at the request of Mr. Parks to comt3 to my office, 15 and I asked him if he knew about the press conference, which l
l 16 he said yes, I asked him if he could tell me where and when 17 it was going to be held, and he said he could not.
And I l
18 asked him whether he was going to participate in it, and he 19 said he was.
That was the gist of the conversation.
20 Q
Did you see the press release released by GAP 21 concerning Mr. Parks' allegations prior to the meeting on l
22 March 23, 1983?
l 23 A
7 believe I did.
p l
24 Q
Did you read it?
l 25 A
Probably.
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106 1
Q Did you see the affidavit that he was. releasing?
l l
2 A
I am'not sure, in my own mind, in the exact timing 3
of several events that took place that morning.
I.know that 4
sometime during the morning, I did see the affidavit of l
5 Mr. Parks.
In fact, I reviewed it.
However, I am not sure 1
l 6
whether.I saw that before or after this meeting that you 1
l 7
mentioned.
There were several things happening.
I was l
8 preparing to go to Washington for a press conference, which 9
was scheduled by GPU, and, therefore, there were a whole 10 series of things happening.
I am not quite sure in my own l
11 mind, in terms of exact timing, whether I saw the press i
12 release only or the press release and the affidavit before O
13 this meeting.
14 0
Is the reason you were going to Washington related l
15 to Parks?
16 A
Yes, it was a press conference that was scheduled 17 by GPU to take place soon after Mr. Parks' press conference.
18 Q
I see, to address the same matters?
19 A
That's correct.
20 Q
Prior to the meeting on the morning of March 23, 21 in the administration building, did you have conversations i
22 with Mr. Arnold that same morning?
i 23 A
Yea.
24 Q
What was the gist of those conversations?
l 25 A
One of the items that he asked me to do was to s
1 l
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1 call this meeting, and I asked my secretary to telephone each 2
of the managers who reported to me and the managers who 3
reported to those managers.
In effect, he requested two
)
4 levels of managers to come to that meeting.
5 Q
Did he tell you what he wanted to accomplish by 6
this meeting?
7 A
Who?
8 0
Mr. Arnold?
9 A
Yes.
Mr. Arnold told me that he wanted to brief 10 the managers on what was going on regarding this press 11 conference of Mr. Parks and his allegations.
12 Q
That's what he wanted to do.
Did he explain why 33 he wanted to do that?
14 A
No.
I thought it was very natural that he would 15 want to inform his managers on a rather important affidavit.
16 0
Is it fair to say that you weren't familiar with 17 the details of the affidavit of Mr. Parks when the meeting 18 started?
19 A
Not all the details.
There were certain things in 20 the press release which referred to the items in the 21 affidavit, I believe.
22 O
Yes.
Do you recall what were the things that 23 stood out in your mind as you went to that meeting, about the 24 press release?
25 A
I can't tell you what stood out in my mind right l
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then and there.
Because, as I said, a lot of things were 2
happening.
-Bu't after reading the affidav5t, I was absolutely 3
aghast in terms of how Mr. Parks had twisted words around.
4 Earlier you asked me why I didn't have Mr. Parks sign that 5
memo.
In-hindsight, if I had known what Mr. Parks was going 6
to do, perhaps I may have asked him to sign that memo, but 7
that wouldn't have changed anything either.
8 So there were a whole series of comments or 9
statements in that affidavit which I knew were incorrect, and 30 which I also knew that Mr. Parks knew were incorrect.
11 Q
Who else knew the extent of what Mr. Parks' 12 allegations were?
13 A
I don't think there was a detailed discussion of 14 the content of Mr. Parks' allegations.
There was a general 15 statement in terms of what his allegations were.
16 Q
Could you characterize that description, please?
17 A
Description of the --
18 Q
Allegations.
How were they described -- who did 19 it, first?
20 A
This was a general discussion.
Mr. Arnold and I 21 both talked in general terms about that series of allegations 22 from either the press release or the affidavit.
We may have 23 talked -- I clearly remember one of the items was the l
l 24 so-called mystery man, and none of us knew what that really 25 meant at that time, at least I didn't.
We talked about some ACE-FEDERAL REPORTERS, INC.
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of the other things that we:had quickly read in the press 2
release or. the af fidavi t.
l 3
So it was not a structured meeting.
It was a very
]
4 informal, unstructured meeting, because we had no agenda, no 5
real idea of what the discussion was meant to be.
6 Q
What I was trying to-focus on, was there somebody, 7
you or Mr. Arnold, who ticked off some of the key items that' l
8 you had seen in the press release or the affidavit.
Was that I
9 you or Mr. Arnold?
j 10 A
I am not.sure.
l 11 Q
One of the things that was described was the 12 mystery man allegation?
13 A
Yes; not described, but referred to.
There was an 14 allegation of this mystery man.
15 0
To back up just a second, before I asked you this 16 question:
You stated that you believed that the allegations, 17 or some of the allegations that Mr. Parks made were twisted la facts and were not true?
19 A
Yes.
20 Q
You believe not to be true?
21 A
Yes.
22 Q
Did you say you believed that he be]ieved he knew 23 them not to be true?
24 A
Yes.
25 Q
How do you know that?
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1 A
As an example, he refers to the meeting which took:
I i
2 place on March 17.
He states in his affidavit that'he was i
1 3
called to this meeting, when he and I both knew that'he j
4 requested that' meeting and that he was really not called to 5
that meeting.
6 Q
Except in a technical sense, he feels called by 7
your secretary; is that true?
8 A
No.
He talked to my secretary and requested the
[
9 meeting.
So'how could he now be stating that in that 10 affidavit?
li O
Was there anything else that you were alluding to 12 that you believe. that you knew that - that you believed that
'l 13 he knew not to be true?
Let me state a complete sentence so 14 it's clear in the record.
15 Were there other statements in the affidavit that
- 1. 6 you believe Mr. Parks knew to be untrue?
17 A
Yes.
That is a statement regarding the 18 radioactivity of the reactor vessel head.
He refers to 19 something in the order, and I am going by memory, that the 20 radiation levels were 30 times higher.
The fact remains that 21 that statement was something that people thought as an 22 outside possibility in January, that as a result of that data 23 we made in further investigations, and we found that the data 24 was not appropriate, and that our best estima te on the 25 outside was that it would be maybe two times the radiation ACE FEDERAL REPORTERS, }NC.
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levels that we had anticipated earlier.
There is a 2
significant difference between a factor of 30 and a factor of 3
2.
4 0
Did you know that the a3 3 egations wi th respect to 5
the mystery man were untrue?
6 A
At that time I did not, no.
7 Q
Is it true that during the course of this meeting 8
that. a number of comment a were made by various individuals at 9
the table or in the room to the ef fec t tha t certain people 10 fe3t that Mr. Parks ought to be fired?
11 A
I don't recall for sure all the comments that were 12 made.
There were a whole series of comments made by
\\
13 different people.
Someone may have s ta ted that he should be 14 fired.
15 Q
Was that a genera] feeling?
16 A
There was?
Other feeling of presentiment, a 17 feeling of almost disbelief.that Mr. Parks would have made 18 these types of allegations.
It was almost a feeling ot 19 individuals that they had basica))y been stabbed in the 20 back.
21 O
As a result, did they believe that Mr. Parks i
22 should be fired?
23 A
There was some presentiment, and someone may have j
1 24 made a comment that he should be fired.
I don't recall
(
25 specifics of all the comments.
t l
l l
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1 Q
At least one of.the attendees of the meeting, I 2
believe that Mr. Barton said, that Mr. Parks ought to be 3
fired.
Do you recall Mr. Barton saying such a thing?
4 A
I don't recall Mr. Barton specifically saying S
that.
6 Q
Do you reca.11 saying in response to certain 7
comments that were made in the room that Mr. Parks had 8
certain 3egal rights that had to be protected and that 9
Mr. Parks' allegations had to be studied before a decision 10 could be made about a response to them?
11 A
Yes.
12 Q
What motivated your - why 'did you say that?
.O 13 A
Well, as I explained to you,.that people in that 14 meeting felt very resentful, and certain comments were made 15 regarding Mr. Parks, and I thought that it was appropriate to 16 let everybody understand that Mr. Parks had some rights, and
{
I 17 that his rights had to be protected, whether we respected 18 Mr. Parks or not, although what Mr. Parks had done was not i
1 19 the issue, Mr. Parks' rights also had to be protected by us.
20 0
What were the certain things that were said to 21 lead you to respond that way?
l 22 A
Basically, I just told you, that people felt very 23 resentful, that they could not trust Mr. Parks, that they did 1
24 not know how Mr. Parks would interpret their actions or N
25 words, that they didn't feel comfortable with Mr. Parks at 1
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30478.0 COX 113 1
the job site.
2 Q
Were those feelings feelings that would impinge on 3
his legal rights?
4 A
We)) --
5 0
What was it that you were responding to?
In other 6
words, if you said that he has legal rights, what was it that 7
they said that cou]d be interpreted as affecting his legal 8
rights?
9 A
Basica.lly that they don't want him at the job 10 site.
That they didn't want to talk to him, that they didn't 11 want him around there.
12 O
They didn't want him to come back to the site?
O l
l 13 A
There was a general feeling that they couldn't 14 trust Mr. Parks.
Therefore, many people talked about --
15 well, he shouldn't be allowed in the protected area.
Someone 16 said why shou.ld we a))ow him on the site at all.
What do wo 17 do if he turns up at the site?
18 Q
Did you discuss the possibs]ity that Mr. Parks 19 might be transferred?
20 A
No.
21 Q
Did anyone?
22 A
1 don't think that there were a number of itemu 23 and suggestions thrown around.
But I want to make very clear l
l 24 that the purpose of the meeting was not to make a decision or 25 to announce a decision on what was going to be Mr. Parks' l
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.O-1 status the next day, because no decision-had been made, and 2
the purpose of the meeting was not to solicit views: on how-3 Mr. Parks was to be treated the next day.
4 Q
Did you disagree with the statement that 5
Mr. Arnold'made in discovery responses to the staff that the 6
statements that were made at this meeting that you were l
7 describing were one of the considerations that entered into 8
his decision not to allow Mr. Parks back on the Island?
l 9
MR. RICHARDSON:
Objection.
Calls for speculation b
l 10 as to what was in Mr. Arnold's mind.
j l
11 MR. BERRY:
He said what was in Mr. Arnold's 12 mind.
O 13 BY MR. JOHNSON:
la Q
All I asked you was whether you have any reason to 15 disagree with what Mr. Arnold said in his response, discovery 16 response.
17 MR. RICHARDSON:
We)), could we see the responete?
l 18 MR. JOHNSON:
Sure.
19 BY MR. JOHNSON:
1 20 Q
I may have misspoken.
It may not be in the 21 discovery response.
It may be in another statement.
If you j
l 22 will bear with me for just a second.
23 MR. RICHARDSON:
In the spirit of moving this l
1 24 along, what I would suggest is asking foundational questions j
j 25 as to whether the witness was involved in any way with any l
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l l
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30478.0 COX 315 1
deciaion which you believe Mr. Arnold made, and you can 2
inquire into what conversations the witness may or may not 3
have held with Mr. Arnold.
Mr. Johnson, unless that 4
foundation is laid, there is simply no basis on which.Mr.
5 Kanga can testify as to what basis Mr. Arnold had for making 6
a decision.
7 MR. JOHNSON:
Okay.
I found the statement.
The 8
statement I was referring to was not an interrogatory 9
response.
It was an interview that Mr. Arnold had with 10 either Mr. Stier or a representative of Mr. Stier that was 11 served on the parties in the TMI restart proceeding in 1984.
12 There was a statement, a recorded statement of Mr. Arnold, in
' O 13 which he was describing why he --
14 MR. RICHARDSON:
I am sorry, this is a signed 15 statement of Mr. Arno.1d?
16 MR. JOHNSON:
No.
It's a report of an interview 17 with Robert Arnold of May 24,
'84, which I believe is 18 represented by Mr. Blake of Mr. Hickey's firm as being the 19 results of a study, a report, based on interviews of l
20 attorneys for GPU.
Is that fair?
j 21 MR. HICKEY:
I would like to see it, really know j
22 what it is.
What you are referring to is Mr. Blake's i
23 transmittal of November 6 to the board transmitting a report 24 of Mr. Stier.
l 25 MR. JOHNSON:
That's right.
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1 MR. HICKEY-Now, what you want to ask him about
)
1 I
2 is an attachment to that report, which I gather is Mr.
j 3
Stier's notes or Mr. Stier's staff notes of the interview of l
4 Robert Arnold.
5 MR. JOHNSON:
Correct.
6 BY MR. JOHNOON:
7 Q
I will direct your attention to this part of it 8
" Arnold stated that the decision to not have Parks return to 9
work at Three Mile Island was made by him after consulting 10 with Bechtel people in Washington, D.C.,
later in the day on l
11 March 23, 1983.
He stated that on the flight down to 32 Washington, he had an opportunity to read the affidavit.
O 13 Based on what occurred at_the meeting, and the contents of 14 that affidavit, he did not think it possible for Parks to j
15 come back to the Island and work productively with the same 16 people whom Parks had criticized in his affidavit."
17 Did you go down to Washington on the same flight 18 with Mr. Arnold?
l 19 A
Yes, I did.
20 0
Did he express that opinion to you?
i 21 A
Not on the flight.
22 O
What did he tell you on the f. light?
23 A
I don't think there was much conversation on the 24 flight, but he and I were preparing for a press conference.
25 I had some of my staff prepare brief responses to some of the I
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technical issues on allegations in Mr. Parks' affidavit, and 2
1 had basically two copies, one for Mr. Clark and one for 3
myself.
We were reading, comparing notes, and things of that 4
nature.
I don't believe, on the flight, we had any 5
discussion in terms of Mr. Parks' return to the site the next 6
day.
7 0
Did Mr. ArnoJd later, or at some other time, tell 8
you on what he based his decision to seek the removal of i
9 Mr. Parks?
10 A
Well, after the press conference, there was some 11 discussion on the pros and cons of Mr. Parks working at the 32 job site the next day.
O 13 Q
This is the press conference that GPU held?
14 A
That is correct.
In fact, I believe, and I am 15 cort of talking from memory, that in the press conference, 16 one of the reporters asked, as to what was going to happen to 17 Mr. Parks the f 01] owi ng day.
I believe either Mr. Arnold or 18 myself essentially responded that no decision had been made.
l 19 Q
Hut you had other discussions after the press 20 conference with Mr. Arnold?
21 A
We had other conversations after the press 22 conference.
23 Q
Te)) me about those discussions, please.
24 A
Those were in the offices of Shaw, Pittman, and g
25 there were several people, I don't reca13 who al] were 1
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present -
2 MR. RICHARDSON:
At this point, I have got to give 3
you the admonition, Mr. Kanga, that'if any of these 4
discussions occurred in the presence of attorneys, then-they 5
are covered by the attorney-client privilege, and you are not 6
at liberty to divulge the content of the discussions.
7 THE WITNESS:
Okay.
They did occur in the 8
presence of the attorneys.
9 BY MR. JOHNSON:
10 0
Did Mr. Arnold tell you what the basis of his 11 decision to have Mr. Parks barred from returning to the site 12 was?
13 A
I don't think Mr. Arnold gave me one, two, three i
14 type of reasons.
But since a lot of discussion had happened, 15 I respected his decision.
I 16 Q
Was one of the considerations - did he tell you 17 that one of the considerations for his decision was what 18 transpired, what the reactions of the men at the meetings of 1
19 the morning of March 23 were?
20 A
I think the discussion revolved more on the 1
21 reaction of the employees at the job site more than on the 1
22 reaction that morning.
23 0
But it included the reaction that morning as well?
)
24 A
The reaction that morning was certainly an
~
25 indication of how the total group at the job site fc3t about l
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2 O
He indicated that was part of his decision?
3 A
Part of his decision was based upon how the 4
individuals at the job site would react to it,.yes.
5 Q
Those were individuals at the job site?
6 A
Plus many others.
7 Q
Did Mr. Arnold consult your opinion about what to 8
do?
9 A
.I believe he asked me how I felt about it, and I 10 answered those questions.
II 0
What did you tell him?
12 A
Mr. Richardson just told me that what transpired O
13 at that meeting is not to be talked about.
14 Q
I am not sure that --
15 MR. RICHARDSON:
I will permit the question, a 16 more direct question, what does Mr. Kanga feel about it.
17 THE WITNESS:
Okay.
18 BY MR. JOHNSON:
19 0
Yes.
20 A
I fe.it a great concern on how the staff would be 21 able to function properly if Mr. Parks was at the job site.
22 My main concern was that the whole operation would slow down, 23 that individuals could not work together and trust each 24 other; if they could not do that, that there would be a lot O
25 more memos with several signatures ou it, everybody V
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2 manner of trusting each other and understanding on a verbal 3
conversation that, yes, it was agreed, and we could do the 4
thing.
That there would be very'much a concern that even if 5
it was written down, that Mr. Parks would reinterpret it in a 6
different manner, and, therefore, everybody would be reading 7
and rereading the same sentence to be sure that everybody was 8
perfectly clear in that, and there wou3d be a general sense 9
of demoralization.
10 0
Did Mr. Arnold te3] you that his decision -- well, 11 let me first ask you:
When did Mr. Arnold inform you have 12 his decision to seek ~~ to bar Mr. Parks from the job site?
h 13 A
I am not quite sure of all of the events of the 14 late evening that day.
But I knew that Mr. Parks would be 15 put on suspension sometime late on the day of the press 16 conference.
17 0
You knew -- are you saying to me that you don't 18 know whether you learned that from Mr. Arnold or not?
l 19 A
That is what I am saying.
I am not quite surt 20 whether I learned of that from Mr. Arnold or from someone in 21 Bechte3.
22 O
Other than the reading of the affidavit, that you l
23 had read the affidavit by then.
j
)
24 A
Yes.
25 0
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the affidavit?
2 A
Yes.
3 0-You_are aware that there was a meeting that 4
morning in which general reactions had been adduced from 5
individuals at the meeting.
Were you aware of any other 6
facts or bases on which the decision to bar Mr. Parks from 7
the site was made?
8 MR. HICKEY:
Are you excluding his testimony about 9
reading other material on the airplane coming back?
10 MR. JOHNSON:
-I am not excluding anything.
I just 11 wanted to know, other than what I just mentioned, are you 12 aware of any. bases on which the-decision to bar Mr. Parks 13 from the site was made?
14 MR. RICHARDSON:
You haven't-asked a foundational 15 question as to whether any other bases were articulated-to 16 Mr. Kanga by either Mr. Arnold or Mr. Sandford, but I gather 17 that question is assuming this question.
So on that basis, I 18 wi ).1 let the witness answer.
19 MR. JOHNSON:
Thank you.
20 THE WITNESS:
There were a whole series of 21 concerns, and what concerns were evaluated and what concerns 22 were weighted in the final decision, I really don't know, i'
23 BY MR. JOHNSON:
24 0
You can't identify any other basis to me?
25 A
I think I identified the major concern.
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Q Did Mr. Arnold inform you that he'had conducted an 2
inquiry by Mr. Barton as.to the mystery man allegations of 3
Mr. Parks on that same day?
4 A
He may have done that, but I don't recall that.
5 We had asked a number of individuals to review certain 6
specific items from Mr. Parks' affidavit, and Mr. Arnold may 7
have asked Mr. Barton to look at that, but I was -- I don't 8
remember that.
I was not pursuing that particular aspect of 9
the affidavit.
I was looking.more at the technical issues 10 and responding, or being ab3e to respond to those particular i
11 issues, if they came up in the press conference.
12 Q
So did Mr. Arnold or, through Mr. Arnold, someone
.O 13 else, assign to various members of the staff the review of 14 parts of the affidavit that day?
15 A
I assigned specific items which were of technical 16 nature to certain individuals.
I did not -- I do not recal.1 17 assigning anything specific to John Barton, and Bob Arnold 10 may have asked John to look at certain other aspects.
19 Q
Were you aware of anyone being assigned to look at 20 the harassment and intimidation allegations?
21 h
I don't recall that.
22 Q
Did you look into those?
23 A
No.
I was looking specifically at the safety 1
24 issues.
25 0
Did Mr. Barton or Mr. Arnold tel] you that day, Ace FEDERAL REponTEns. INC.
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1 March 23, that he knew any of the allegations, tiiat he knew 2
that Mr. Parks knew that any.of the al. legations were false?
\\
3
'MR.
HIC EY:
What is the they refeAring to?
q-s 4
BY MR. JOHNSON -
.f.
1 5
Q ',,
You are shaking your head no.
Do you? understand 6
the question?:
7 A
Yes, I under sdsnd your ques.Qm.
Mr. Arno3d T
s
. 4 8
didn't say an( tiuch thing to sin;.
r s
- i. t 9
' 'O Did anyon':: e.lse on your staff, r in the
/; ' T 10 integrated organization, telf that to you?'
j,v, i:.
11 A-Not specif5 cal.Iy, but wten the(answers were 5
12 prepared - en certain technical issveh, it Ducame. obvious.
O a
13 Because, as an example,1I mentiotiM to yov aheut. the y
s(
r g
14 radiation levels under' dae head.
i
'15 0
But i just want to f ocus ) m -,
16 MR. FICHARDSON:
Wait 5
(*
17 THi? kJ TN' F.SS :
The answer was5 %ht if a certain g.
18 evert took pl$ce in January, since then we had started it and 19 knew of a very dif ferent answer by Febr uary, and this was 20 March.
So it became very obvious that there were a whole
.\\
1 23 serire af itemn which were known at the Island to be really
\\
22 dif ferent from wha t they werd( alleged by Mr. Parks.
ti 23 BY NR. JOHNSON:
Q That information is feedback that was given on 24 25 March 23?
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.1 A
Yes.
U 2
-Q Was that feedback that was givey;by. somebody a1, 1
l-3 the Island o.r somebody on tihe plane?:r, z.
-4 A
Somebody on the Island to de.
l l
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Q Bef ore. yotr lef t?
L
.)
6 A
Before I Jeft.
1 7
Q I see.
Can you' identify any particular
)
1-8 individuals that you asked to go..o,ver't.r.e-technic.v1 issues,
~9 subjects in the affidavit?
10 A,
There were several ind'ividua.ls who worked on that, l
11 and I had asked Jim Thiesing and Ron Freemerma' 'and'they in n
- 1.. (
12 turn-had asked their staff to do that.
I had also asked Jack.
13 Devine, although Jack was about to leave the Island on 14 another trip that day, I believe, and he may hav% askec'.
15 somebody else in his group to prepare some responses.
a 16 0
Did you ask individuals who had been'the subjech 17 of criticisms,id the affidavit to respond to the affidavit, 18 criticisms?
1 19 MR. RICHARDSON:
Above and beyond what h 'has 20 already testified to?
21 BY MR. JOHNSON:
22 Q'
I am really askiniJ-about the way in which yow 23 assigned or requested the responses to be done.
Was it 24 according to the criticisms?
25 MR. RICHARDSON:
Some of these technical ACE-FEDERAL REPORTERS, INC.
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COX 125 1
1 allegations, are; in effect, criticisms of some individuals.
j 2
So are you in effect putting that aside?
3 3 BY MR'.
JOHNSON:
4 0
No.
I am asking whether the way you assumed it, i
Parks had identified as 5
was it in accordance with what Mr.
y 6
being responsible for certain actions?
s 7
A The assignment of the preparation of information
~
I 8
'was according to the person'who was most knowledgeable of 9
that particular subject, regardless of whether he had been J
t 10h named in the affidavit or not.
I don't worry about whether 11 his name appeared on it, I just wanted to know from the best 12 information that he had.
)
13 Q
Did you consider whether the persons you were 14 daking may have been asked to respond to an allegation that 15f had been made concerning that particular individual?
16 MR. RICHARDSON:
I am sorry, could you read that I
17 one back.
p:
18 (The reporter read the record as requested.)
19 BY MR. JOHNSON:
20 Q
In other words, when you got the answers back from 21 these individuals, did you consider or take into 22 )t consideration that these people may have been somewhat l
l i
,)
a 23
' defensive because they have been personally attacked?
i l
l 24]
A You must remember that we had about three hours, 4
25 three or four hours to prepare that information.
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COX 126'
/Q
! - ()
1 Q
Yes.
2 A
I did not have the. luxury of running an 3
investigation.
That was to'take place afterwards.
4 Q
Yes.
5 A'
The purpose of this was to be ab3e to be 6
responsive to questions that could be asked in a press 7
conference.
This was not an investigation.
So when I asked 8
individuals, I asked those who knew the information best.
9 It's possible that in some cases the individual may have'been 10 named.
In other cases I know there were no names regarding 11 that particular statement.
The one that I mentioned to you 12 earlier regarding the radiation levels below the head, there
- 0 13 were no names mentioned in that.
14 Q
Have you ever described, in a deposition or 15 statement that you have given, prior to today, how these 16 responses were constructed that you just described to me?
J 17 A
I don't recal).
I may have.
I don't really 1
18 know.
l 19 Q
I wou3d like to go back to the morning meeting and 20 ask you, have you previously been made aware of some 21 statements by Mr. Ed Gishel concerning statements that you 22 made during the press conference, along the lines of 23 suggesting that Mr. Parks could be transferred and then 24 gotten rid of quietly later?
l 25 A
At a press conference?
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1 Q
No.
It was a long statement I just made.
l l
2 Are you aware that Mr. Gishel, in a previous 1
3 statement that he has made, he lias made it on several 4
occasions, indicated that at the morning of March 23 meeting 5
that we described earlier, that you made a statement that l
Parks.couldn't be' fired directly but could be transferred 1
L 6
Mr.
1 1
7 and then gotten rid of quietly later?
8 MR. RICHARDSON:
Wel), with this caveat, I will 9
allow the question to be answered.
I.do.not recall l
10 Mr. Gishel saying that on several occasions.
There was one 11 affidavit which contains that statement, and then a i
12 deposition in this case, when asked what words were used, he b
13 never said that.
But without regard to a dispute which we 14 may have as to whether he ever said that more than once, I 15 will allow you to ask the witness whether he recalls Mr.
1 16-Gishe] ever having said that.
17 MR. JOHNSON:
Thank you.
18 THE WITNESS:
I have been asked about that 19 allegation of Mr. Gishel.
20 BY MR. JOHNSON:
21 Q
More than once?
22 A
I have been asked more than once.
23 Q
In fact, you were asked about that allegation as 24 part of Mr. Stier's deposition?
25 A
Yes, Mr. Stier has talked to me on that.
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1 Q
What do you recall about your statements regarding 2
transferring Mr. Parks now that you may have made at that 3
morning of March 23 meeting?
4 MR. RICHARDSON-Objection.
Again, you are asking 5
a question which assumes something that the witness has not 6
affirmed.
I haven't heard any testimony that he made any 7
statements concerning transferring Mr. Parks.
I will go back 8
to.my notes on the testimony of 10 minutes ago when I believe 9
he denied having made any such statement.
10 HY MR. JOHNSON:
11 Q
Let's go back to the notes of your earlier 12 statements, please.
33 A
This seems to be a teci.ing of memories more than 14 anything else.
15 0
According to these notes by Mr. Stier and his 16 other col.leegues, it says, "When asked specifically whether 17 he cou.1d have said Parks would be gotten rid of quietly after 18 being put on leave of absence, he did not recall saying that 19 and strong 3y doubts he would have made such a statement."
l 20 Is that an accurate portrayal of what you told 21 him?
22 A
Yes, but the question that you raised is very 23 different from what that statement is.
Putting a person on 24 leave of absence is not transferring him.
You were ta.1 king 25 about my hav.ing said to transfer Mr. Pa rk s.
So I think the
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questions are getting really confusing here.
2
.Q We31 I apologize for making them confusing.
3 A
Thank you.
4 0
It's a little Jate in the day, and I know 5
Mr. Richardson is anxious to leave.
6 A
After five years, you are asking me questions.from 7
memory and you need-to be a'little more careful.
8 Q
Well, I am trying to.be as careful as I can.
9 A
Thank you.
1.
i 10 Q
I am going to read to.you from Mr. Gishel's April 1
11 2nd affidavit.
"Mr.
Barton stated that Parks should be 12
.. fired.
He added that the " SOB" should not be allowed back on.
O' l
13 the Island.
Mr. Kanga responded that we couldn't do it like-14 that, because Parks had gone to the NRC and was protected by 15 the Atomic Energy Act.
That meant we had to be careful.
16 Kanga said we could just transfer Parks or put him on a. leave 17 of absence for a month, and then get rid of him quietly."
18 That is the statement that Mr. Gishel made.
- Now, l
19 do you recall responding to a comment made by Mr. Barton 20 along the lines that Mr. Parks should not be allowed back on 1
21 the Island?
22 A
I do not reca)) responding to Mr. Harton's comment 23 about firing him, or I do not recall Mr. Barton's comments.
1 1
1 24 But I do recal) that, and I testified earlier, that there i
25 were concerns expressed by many individuals, and I did say L
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that Mr. Parks was projected by the law, and that we could 2
not fire him, and we had to protect his rights.
3 What seems to be very strange about Mr. Gishel's 4
testimony is that I would on the one hand say that Mr. Parks 5
is protected by the law and we need to protect his rights, 6
and then turn around in.the same sentence and say that we 7
would get rid of him.
I have never said anything to the 8
effect that we would get rid of him.
l 9
Q Do you mean to say you never said it or you didn't 10 say it at this meeting?
11 A
What are we talking about?
l l
12 Q
We are talking about a particular time.
O 13 A
Yes.
14 0
You are referring to you saying that you did not 15 say that we should get rid of him.
j 16 A
That does not mean that I didn't say it at another
.l 17 meeting.
38 Q
I just want to focus on this particular thing.
19 A
Okay.
20 MR. RICHARDSON:
You are asking about that I
21 meeting, aren't you?
22 MR. JOHNSON:
Yes.
23 THE WITNESS:
But it's somewhat illogical for 24 Mr. Giche] to make that statement in the first place.
I have 1
25 never had an opportunity to question Mr. Gishel on that.
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BY MR. JOHNSON:
2 0
Did you perhaps make a statement during this March 3
23 meeting at the site that it was possible that Mr. Parks 4
might be given a Jeave of absence for a month?
5 A
That may be an alternative that was talked about, 6
I don't recall.
I certainly'would doubt if we had any 7
specific time in mind.
8 Q
Was.it something that you may have stated as one 9.
option?
10 A
Yes.
11 0
So is it your testimony that the part of the 12 statement "and then get rid of him quietly" is a product of O
13 Mr. Gichel'n imagination?
14 A
I wouldn't want to characterize it as what it is, 15 except to say that I did not make that statement.
16 Q
When did you first communicate to Mr. Sandford 17 concerning the events of March 23?
18 A
Ubich events?
19 Q
The events concerning the meeting, your learni14 20 that Mr. Parks was going to have a press conference, and that 21 he had made allegations.
22 A
I may have informed Mr. Sandford on the evening of l.
23 the 22nd, the day before the press conference.
Because, as 24 you recall, I met Mr. Parks late that afternoon, and asked 25 him.
He said there will be a press conference, except that l
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he would not identify the location or time.
So I may have 2
called Mr. Sandford or someone in Bechtel and informed them 3
of that possibility.
4 Q
So he was aware then, you believe, that the press 5
conference was going to happen before it happened?
6 A
That's correct; yes, sir.
I am sure that he. knew;.
7 in fact, there were some people from this office who had 8
attended that press conference.
9 Q
Now, when did you next speak to Mr. Sandford?
10 A
I do not - I am not quite sure whether I talked 11 to him after the press conference or not.
I am not sure of 12 the day.
There were so many things happening that my memory O
13 is sort of blurred.
14 0
Didn't there come a time when you were obliged to 15 speak to Mr. Sandford about the disposition of Mr. Parks?
1 16 A
No, because it was not up to me to make that 17 decision in the first place.
18 Q
So you did not brief Mr. Sandford about the press t
19 conference, Mr. Parks' press conference?
20 A
I was not present at Mr. Park's press conference, 21 so I couldn't brief anybody.
l 22 O
While you were in Washington the afternoon or the 23 evening of the 23rd, did you speak to Mr. Sandford?
24 A
I don't be]ieve I did, but I am not sure.
I don't 25 recall the details of that particular evening really.
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Q Did you recall a conversation with Mr. Sandford in 2
which you discussed with him the this position of Mr. Parks, 3
shortly after the press conference?
4 A
No, I don't recall any such conversation.
S Q
Did Mr. Sandford seek your advice, your counsel, 6
with regard to whether Mr. Parks should be suspended?.
7 A
He may have asked me that question, actually, 8
before I left Harrisburg that day.
9 Q
Before you left Harrisburg on the 23rd?
10 A
Yes.
11 0
So you spoke to him after the morning meeting, is 12 that correct, and then before you left for Washington?
13 A
That'n very likely.
14 Q
At that time he asked you your advice about.what 15 to do?-
16 A
I believe we talked about'that.
17 Q
What did you tell him?
18 A
My opinion was that it would be very difficult for 19 the project to operate properly if Mr. Parks was at the job 20 site.
21 Q
Were you communicating any views of Mr. Arnold at 22 that time?
1 l
23 A
No, I was not.
I was communicating my own views.
24 Q
Was it your understanding that Mr. Sandford was 1
25 not about to make any decision based on your call with him in 1
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the middic of the 23rd?
2 MR. RICHARDSON:
That calls for speculation.
3 MR. BERRY:
No it doesn't.
He said, what is your 4
unders ta ndi ng.
He had an understanding or he didn't.
5 MR. RICHARDSON:
The proper question is did 6
Mr. Sandford ind.icate.
Now, I have forgotten the substance 7
of the question.
8 HY MR. JOHNSON:
i l-9 Q
Okay, I will adopt your attorney's formu3ation.
10 Did Mr. Sandf ord indicate to you that he was going to make a 11 decision with respect to the suspension of Mr. Parks at that 12 midday phone cal) on the 23rd of March?
O 13 MR. RICHARDSON:
That he indicated he was going to 14 make a decision at the same time as the telephone call?
15s MR. JOHNSON:
No.
l l
l 16 BY MR. JOHNEON:
17 Q
Did he indicate to you, during the phone call, 18 that he would make a decision about the suspension of l
l 19 Mr. Parks?
20 A
When?
Sometime later or at that time?
21 MR. RICHARDSON:
Mr. Johnson, it's unclear whether 22 Mr. Sandford. indicated to the witness whether Mr. Sandtord 23 was going to suspend Parks or whether he was going to make a 24 decision one way or the other that day, or at any time.
I 1
l 25 think we need more definition.
l l
l l
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.BY MR. JOHNSON:
l.
2 Q
Did Mr. Sandford indicate to you that he would not 3
be making any decision, that's the way I first phrased'it, 4
concerning Mr. Parks' disposition during that conversation 5
that you.had with him midday on March 23?
6 A
I don't recall any specific discussion whether or I
7 not Mr. Sandford was going to make a decision immediately 8
after that telephone call.
9 Q
Did he indicate to you one way or another?
10 A
I don't recal) any conversation.
11 Q
To the best of your knowledge, when did 12 Mr. -- well, let me preface that by saying that during the
'O 13 deposition yesterday, and in Congressional testimony, 14 Mr. Sandford said that it was on his authority that Mr.
15 Wheeler's letter to Mr. Parks suspending him was written.
To 16 the best of your knowledge, when did Mr. Sandford decide to 17 do that?
18 A
I would say the evening of the 23rd.
19 Q
on what basis do you reach that conclusion?
20 A
Because I recal] learning from someone in Bechtel, 21 I believe, that a decision had been made.
So that's the 22 basis.
23 Q
Do you remember who in Bechtel you learned that I
24 from?
25 A
I am not sure, so I can't really tell.
I L
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Q Is it somebody who was in Washington at the time, 2
or somebody who was in Gaithersburg?
In other words, did you 3
learn personally, directly, in face-to-face conversation or 4
over the telephone?
5 A
No, I be]ieve it was a te]ephone call.
It was 6
from someone in Gaithersburg, 7
Q Would it have been Mr. Bruner?
8 A
Could be Mr. Bruner, could be Mr. Wheeler, I don't 9
really know.
10 0
But you don't think it was directly from 11 Mr. Sandford?
12 A
It was not. from Mr. Sandferd himseJf.
13 Q
It's your recollection that somebody from the i
1 11 Gaithersbulg off5ce told you by phone that the decision to 15 suspend Mr. Parks had been made?
You have indicated -- you 16 have to say yes -- I am sorry.
17 A
Yes.
Thank you.
18 Q
As a recult of that conversation that you had, 19 were you given to understand the basis for that decision by 20 the Bechte] managers?
21 A
No, I don't think there was any need for any real l
22 basis.
l 23 MR. RICHARDSON:
Could read that last answer back, 24 please.
25 (The reporter read the record as request.ed.)
l l
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MR. RICHARDSON:
Did you mean to say that or --
2 THE WITNESS:
No need for me to be informed.
3 BY MR. JOHNSON:
4 0
Did you later have a discussion with Mr. Sandford 5
about the suspension?
6 A
No, I didn't.
7 Q
So, is it safe to say that he did not rely 8
primarily on your input in making his decision?
9 A
I think you should ask Mr. Sandford.
10 Q
But you made no direct input to his. decision?
11 A
I told you I gave him my opinion.
I am sorry.
12 MR. RICHARDSON:
I' don't think you need a lawyer.
7 13 BY'MR. JOHNSON:
14 Q
Did you have any further involvement in the 15 personnel action that was taken with respect to Mr. Parks 16 after March 23?
17 A
No, I did not.
18 Q
Did you have any role in the writing of the letter 19 that was transmitted to Mr. Parks under Mr. Wheeler's 20 signature?
21 A
I did not.
22 O
This is a little Jate to be asking you this 23 question, but it's also a long time ago, and I don't remember 24 the answer.
Did we cover whether Mr. Kanga had any documents 25 responsive to the deposition?
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l-1 MR. RICHARDSON:
No, he has none, with the l
2
possible exception he has some personal calendars which you I
l
" scheduling books" would be-3 are. free to look at,.or I guess 4
the better description.
I 5
THE WITNESS:
Rea]Iy '80 through
'83.
This is 6
'83.
7 MR. JOHNSON:
Rather than take the time now to 8
look through this --
9 THE WITNESS:
It's not a very total documentation 10 of all meetings, but that's the only one I have.
11 MR. JOHNSON:
May.I ask that it be copied?
12 MR. RICHARDSON:
I don't know whether the entire O
13 contents are germane to this proceeding, but with your 14 permission, is it okay to copy the entire contents and to 15 provide.them to Mr. Johnson?
16 THE WITNESS:
Sure.
17 MR. JOHNSON:
Thank you very much.
18 MR. RICHARDSON:
We will take care of it.
19 By MR. JOHNSON:
20 Q
When we adjourn the deposition, I will adjourn it 21 with the caveat if there's some question that arises out of 22 the calendars, I may wish to reconvene it for that purpose.
23 MR. RICHARDSON:
I am obliged to state that we may 24 resist such an effort, but you have your -- if you wish to 25 try to reconvene the deposition, we can confer on that, and ACE FEDERAL REPORTERS, INC.
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if need be, take it to the' Judge.
'2 MR. JOHNSON:
Okay.
3 (Reces s. )
4 BY MR. JOHNSON:
5 Q
I have two items to cover that I want to go 6
through quick.ly.
We didn't expressly discuss the procedure 7
AP 1047-earlier, but we did refer to it.
Are you acquainted 8
with that procedure or were you at one time acquainted with 9
the procedure?
10 A.
In a general manner, yes.
- l 11 Q
I am setting in front of you one of the pages, the 12 page that deals with the composition of the test working-0 13 group, Revision 0, I believe that is, or 2.0.
i 14 A
Yes.
15 0
Is it your understanding that Mr. Parks' being I
16 assigned from - as a member of site operations being
]
l 17 alternate to Mr. Kitler, who was startup and test supervisor, j
18 was inconsistent with the procedure AP 1047?
j 19 MR. RICHARDSON:
I think I better point out this
)
1 20 clearly is not the entire procedc a, is it?
Is there a 21 particular - I presume these two pages contain the section 22 that you are concerned about?
23 MR. JOHNSON:
That's correct.
I just want to 24 address the composition.
25 BY MR. JOHNSON:
i 1
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.Q At the time you were director at TMI-2, you were 2
familiar with this procedure?
3 A-Yes, in a general way; yes.
4 Q
Did there come a time when you became aware that 5
the membership, that certain people at the site were taking 6
the position that Mr. Parks being designated as an alternate 7
startup and test supervisor was inconsistent with that 8
procedure?
9 A
I did not know that anyone was taking that 10 position at the time that the <:hange that you referred to 11 earlier was made.
I was not even aware of the change that 12 you have talked about at this point, until af terwards.
O 13 0
When did you first become aware of it?
14 A
I think I mentioned to you that I may have become 15 aware of it, perhaps in early March, perhaps in late March.
16 Q
In' connection with what events?
17 A
In connection with Mr. Parks' press conference, et l
18 cetera.
19 0
Did you ever form an opinion about whether 20 Mr. Parks' membership on the test working group as a 21 representative of startup and test was in violation of that 22 procedure?
23 MR. RICHARDSON:
Are you asking whether today he j
l 24 has an opinion?
In effect you are positing what is largely a l
25 hypothetical question.
It is unclear.
Are you positing a I
l 1
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situation where -
2 MR. JOHNSON:
I am not asking a hypotheti-cal 3
question..
I asked a specific question, did he ever. form an l
4 opinion.
That's not hypothetical.
5 MR. RICHARDSON:
At what time?
Any time before 6
today?'
7 MR. JOHNSON:
Yes.
8 MR. RICHARDSON:
Are you asking about an opinion 9
with regard to the situation when Mr. Parks was the only 10 available candidate, that is, a startup engineer, to serve in 11 that capacity, or are you asking an opinion with regard.to 12 this situation when you had both Mr. Walker and Mr. Parks O
13 ava.ilable?
14 BY MR. JOHNSON:
l 15 Q-I don't see how that is relevant.
Do you 16
' understand my question?
17 A
I am not sure.
Let me answer it in the sense that 10 the question you are raising is whether, according to the 19 procedure, Mr. Parks was correctly put on TWG.
20 Q
Yes.
I 1
'21 A
And that that was the -- at that time, he was in i
22 the operating department, but he was, in effect, representing l
l 23 nuclear engineering.
Is that the issue that you raised?
l L
24 Q
Yes, that's the issue.
l 25 A
I think you have to look at it from the pract.ical
[]
l l
1 l
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point'of view of the procedure asking for representation from 2
various disciplines so that there are some engineers who are 3
involved, like plant engineering department, the recovery 4
engineering department, also individuals with startup 5
background.
6 So, I think, in the initial stage, when there were 7
not enough people with startup experience available in the 8
particular department, to have someone from another
)
i 9
department represent that engineering discipline was a right l
10 decision.
11 Q
Was a what?
12 A
Was a correct decision.
But when that department O
13 has more individuals with that same experience available, 14 then you put the department, or the individual from that 15 department with that type of experience available, on that 16 committee.
So I felt that the change that was made was a 17 logical change.
18 Q
Is it your opinion that that procedure permitted a 19 representative from site operations to be the alternate to 20 the startup and test member?
]
21 A
Procedure specifically does not permit that type
{
22 of an arrangement.
j l
23 Q
Was any violation written up with respect to the l
24 nonconformance of Mr. Parks' membership in violation of-that
)
l 25 procedure?
j g
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MR. JOHNSON:
You are assuming a fact that nobody 2
has affirmed, that Mr. Parks was on TWG prior to that 3
decision.
In your question, you are presupposing, 4
Mr. Johnson, that Mr. Parks was a member of the test working 5
group prior to February 18.
6 MR. JOHNSON:
Do you contest that?
7 MR. RICHARDSON:
I certainly do.
8 BY MR.' JOHNSON:
9 Q
There's been a lot of evidence adduced in earlier 10 depositions concerning the fact that Mr. Parks was an 11 alternate member of the tes t working group and that 12 Mr. Kitler designated him to be his alternate in the absence 13 of other individuals in the startup and test department.
14 MR. RICHARDSON:
Mr. Johnson, that totally 15 miss tates the evidence.
Mr. Parks was the alternate startup 16 supervisor prior to February 18.
The record shows Mr. Parks 17 was the alternate startup supervisor prior to February 18, 18 but I haven't seen or heard anything which indicates that i
19 Mr. Parks was a member of TWG as an alternate during the 3
20 period which was prior to February 18 during his employment.
21 MR. JOHNSON:
We will take our time to try to 22 reduce that here.
23 MR. RICHARDSON:
All right.
24 BY MR. JOHNSON:
j I
25 Q
Mr. Kanga, did you become aware at some point that i
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Mr. Walker was designated to replace Mr. Parks in Mr. Parks' 2
. position with respect to the test work group?
3 A.
You showed me a memo this morning on that, and you 4
asked me the same question.
5 Q
On February.
That was the February 18 6
memorandum?
7 MR. RICHARDSON:
Let's get that memorandum out.
8 BY MR. JOHNSON:
9 Q
Here is the memorandum that we looked at before.
10 MR. RICHARDSON:
Yes.
But that refers to
'11 Mr. Wa]ker acting as the alternate startup and test
-12 supervisor.
7 1.3 BY MR. JOHNSON:
14 Q
Do you know who Mr. Walker was replacing?
15 A
May I see that a moment.
This memo doesn't state 16 it, but I guess you mentioned this morning that Mr. Parks was-17 being replaced.
18 Q
Do you have any reason to doubt that Mr. Parks was 19 alternate to Mr. Kitler on the test work group prior to 20 February 18?
21 A
1 have no reason to doubt it.
22 Q
Despite Mr. Richardson's protestations, a 23 document, which I am sure he had a large ro]e in putting 24 together, states at page 17 that this evidence shows that 25 Parks' a]1egation that his replacement as Mr. Kitler's ACE FEDERAL REPonTens, INC.
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alternate as an act:of retaliation was totally unfounded.
On 2
page 17 I refer you to that discussion of Mr. Parks being i
3 replaced by Mr. Kitler.
4 MR. RICHARDSON:
There is no pending question.
l 5
What is your point?
6 BY MR. JOHNSON:
7 Q
Is it your understanding, Mr. Kanga,'that 8
Mr. Parks was an alternate member of the test working group 9
prior to February 18, 1983?
l 10 A
I don't know.
I was not involved in those items
'11 in the beginning.
12 Q
As you interpret the procedure,'what would have l
0 4
13 been the appropriate action if a person was improperly i
14 assigned to membership on the test working group?
What would 15 have been the action that would be taken if somebody was 16 improperly assigned?
l 17 A
It someone had brought that to my attention, then 18 I would have looked at it, or I would have expected that 19 during some review of that work by QA they would have brought 20 that issue up.
21 0
Did QA -
l 22 A
Normally I do not review the membership of TWG or i
23 any of those types of organizations.
I 1
l l
24 0
To the best of your knowledge, did QA ever raise 25 such an issue to you?
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A Not to my knowledge.
2 Q
I also meant to ask you, to your knowledge, did QA 3
ever raise such a question, not necessarily only to you?
4 A
Not to my knowledge.
S Q
Do you recall a meeting -- do you remember a staff 6
-- excuse me.
7 MR. RICHARDSON:
I am sorry.
8 BY MR. JOHNSON:
9 Q
Do you recall a staff meeting that you and 10 Mr. Harton held on May 4, 1963, in which Mr. Ron Warren was 11 in attendance?
12 A
There may have been a staff meeting.
What is it,
.O 13 May 4?
14 0
Yes.
15 A
There could have been a meeting.
16 Q
Do you remember a meeting on that date that -- in l
17 which the QCL was discussed and how to interpret GA/QC 18 requirements important to safety, not important to safety, 19 designations on a case-by-case basis?
l 20 A
It's possible.
I don't recall a specific 21 discussion on that day, but it's likely we may have had such l
22 discussion.
i 23 Q
Mr. Warren apparently -- well, excuse me.
l 24 Mr. Gishel apparently had a conversation with Mr. Warren 25 about his attendance at that meeting, and I was supplied
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notes by Mr. Gishel that he took and which he' attributes some 2
statements -- well, he attr.ibutes Mr. Warren having reported 3
to him some statements by yourself, and I would like to read 4
them to you.
5 He says, "Also, Kanga apparently was quite pleased 6
about Parks' reference to the mystery man in his affidavit,"
7 and. indicated that.it was sufficient basis to discredit the 0
entire document.
9 Do you recall at the meeting that I.was just 10 referring to, making a statement about the mystery man in 11 Mr. Parks' affidavit?
12 A
I am somewhat confused.
You said the meeting was 13 for QCL; am I correct?
It's a staff meeting to talk about 14 all the contro] matters?
15 Q
Yes.
16 A
So how does Mr. Gishel start thinking about the 17 mystery man?
18 MR. RICHARDSON:
Since the question is based on 19 the notes, can the witness review the notes?
20 MR. JOHNSON:
Yes.
21 MR. RICHARDSON:
You are representing these are q
22 notes prepared by Mr. Gishel?
23 BY MR. JOHNSON:
l l
I 24 Q
Yes.
25 A
I don't recall that conversation, and I am i
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1 somewhat surprised at a meeting that was discussing quality 2
control items wi th getting to mystery men.
These notes are 3
obviously interpretation of Mr. Gishel which are l
4 interpretation of what was told to him by Ron.
5
-Q Do you recall, during this time frame, in early 6
May, 1983, dealing with the question of. application of QA/QC 7
requirements to --
8 A
Very definitely.
9 Q
matters?
~10 A
Yes.
11 0
The question of whether a matter was important to l
12 safety --
0 13 A
In fact, under my direction, a new list was 14 prepared by Buchanan.
But that was a topic of discussion, 15 and we wanted to be sure that the list was prepared 16 appropriately.
17 0
Was this one of the reasons you were doing so, was 18 related to some of the safety issues that were raised in 19 Mr. Parks' affidavit?
20 A
No, it was done long before that.
Actually, part 21 of the concern that I had is that at the time that I took 22 over as director, we did not have an appropriate list, and 23 that individuals were using lists that were available or 24 prepared prior to the accident.
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30478.0 COX 149 C.
1 of the plant at that time.
2 Q
Are you saying that you remember having a meeting-3 on or about May 4 in which this matter was discussed?
4 A
We had several meetings on that subject.
What 5
this appears to refer to is a regular staff meeting.
I am 6
not quite sure whether it was a regular staff meeting, or it 7
was a meeting specifically to discuss the QCL.
8 Q
Is it your testimony that you did not raise the 9
subject of the Parks affidavit at that meeting?
10 A
We31, as I said, I-don't really recall.the-11 meeting, and therefore, I am not saying that I did not raise 12 any Parks affidavit issues.
A13 I am saying is I don't 13 recall raising that particular issue of the mystery man 14 either.
35 Q
I just want to read something into the record from 16 the October 1984 report of Rechtel North American Power 17 Corporation regarding the allegations of Richard Parks.
On 18 page 15.it says, "In late 1982'Mr. Kitler needed an alternate 19 to act as startup and test supervisor in his absence.
I 20 bid.
One of Mr. Kitler's responsibilities was to chair the i
21 meetings of TWG, and Kitler's alternate would therefore chair 22 the TWG meetings if he were absent.
As Mr. Kitler testified, 23
'There was no one other than myself assigned to site 24 engineering that was qualified to act as startup and test l
25' supervisor.
I needed an alternate mainly to review and I.
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1 approve the return to service forms during my absence.
Rick l..
I l
'2 Parks, who was assigned to site operations,.was qualified, 1
l-3 and had acted in that p'osition on occasion when he worked for 4
NUS Corp. at the Island.
I requested and received approval l
5 from my supervisor, Dave Buchanan, and Rick's supervisor, 6
Larry King, to appoint him to act as my alternate on October l
'7 6,
1982.'"
8 Is it your testimoriy that you were not aware of 9
that?
j 10 MR. RICHARDSON:
Aware of what?
11 BY'MR. JOHNSON:
12 Q
That Mr. Parks was appointed on December 6,
- 1982, l O 13 to be Mr. Kitler's alternate?
14 A
I was not aware of that when that incident took 15 place.
16 Q
But you subsequently became aware of it?
17 A
Subsequently I was aware.
18 MR. HICKEY:
What was the page, do you remember?
l 19 MR..IGHNSON:
17, I believe.
20 MR. JOHNSON:
That's all I have.
i
.21 MR. RICHARDSON:
I have no questions.
Signature 22 will be waived.
23 (Whereupon, at 4:03 p.m.,
the deposition was 24 concluded.)
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s CERTIFICATE OF NOTARY PQULIC & REPORTER l
151 l
1 s
I WENDY S. COX the' officer before f
whom the foregoing deposition was taken, do hereby certify that tne witness whose testimony appean, in the foregoing deposition was duly sworn by me; that the testimony of said witn$ss was taken'in'4horthand and thereafterreducedtotypewrithng.bymeorundermy direction; that said depositioEl'isi a true reco.Wd of the s
testinony given by said witnesy:; that'l am neither counsel i
!a for,relatedto,noremployedbyanhof\\thepartiesto the action in_which this'depocition was taken; and, further,)
c
+
s that I am not a relative or employee of any attorney ox O
counsel employed by the parpies hareto, nor financially 4 y.
or otherwise interested in t.be'ouhcome of the action.
N b
A Notary Public iy and fo{ the DISTRICT OF COLUMBIA My Commission Expires November 14, 1987
./
l
?
i I v Oi_E____________.____
~
.K M f & OcYbrerp w l
' GYh t '3
- T I w\\bl&7 ATTACJg.]lT12 Bechte! North Arrierican Power Corporation Engineers - Constructors N
s y',
15740 Shady Grove Road Geiltversburg Maryland 20877-1454 301--258-3000 CONFIDENTIAL 1
March 4, 1983 l
i l
i Mr. Robert C. Arnold, President GPU Nuclear Corporation Post Office Box 480 Route 441 South Middl.etown, Pennsylvania 17057
Dear Mr. Arnold:
In accordance with Mr. Kanga's instructions, enclosizd you will find signed copics of two (2) sets of notes to record an in-terview on March 3.,
1983, with Rose Rittle.
One set of notes is from James Troebliger and the other set is mine.
The tone of the interview was set by Mr. Kanga by indicating to Ms. Rittle th6t e.hr was not being investigated and that we were solicitir.<T
- tails from her with regard to L. P.
King's possible conflict of interest.
Ms. Rittle was open and cooperative with us.
I am available to discuss these notes wit.h you at. your convenience.
4 Yours.truly, Larry G. Santee Manager, Program Controls LGS:ms 5'
Enclosures (2) cc:
B.
K.
Kanga (w/ encl.)
J.
Troebliger (w/ encl.)
i'
mmr..
l
.ll E
Fw s e a r. i a a n i i n a.
(j y intcc-Offico f/2cmorcnc?um
[&,n!"/
3, _ [ a ' i; v
['(
Date March 3, 1993 f
g
{f Subject INVESTIGATION REGARDING L. P. KING f
INTERVIEW WITH ROSE RITTLE 83/053 MTo Memorandum for Record Location TMI - Human Resources l
+
L, on this date, Larry Santee of Bechtel and myself interviewed Rose Rittle, a Bocht<si employee who was involved in the typing of resumes under the direction of Rich Parks. During the su=mer of 1982, Ms. Rittle was requested by Mr. Parks to type resumes of a number of individuals on the stationary
' i of Quiltec.
Ms. Rittle was instructed to type these resumes during non-working hours and to keep everything she was doing very confidential.
Ms. Rittle remembers typing at least 25 resumes, most of which were resumes of GPU enployees.
She specifically remembers typing the resumes of Larry Kir% Ben Slone, Mike Herlihly, Ted Rekart, Bill Austin, William Henry, III and Ken Lionarons.
Ms. Rittle was paid $75 for typing the resumes.
She believes -it took her 15 to 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> and that' she did it using company equipment.
Ms. Rittle' stated that she did not view this as unusual at that particular time because she had been asked in the past to type resumes.
She said that she had notified no one of this assignment until yesterday, March 2, 1983 j
when she asked Bill Austin what was happening with the Larry King situation, i
Bill stated that it involved Larry's efforts with an outside consulting firm, l
Quiltec, that nucy compromise his effectiveness with GPU.
Ms. Rittle stated L
to Bill that she had remembered typing resumes on Quiltee stationary and that i
Bill's resume was one of the many that she typed.
Rose stated that Bill 1
'jl Austin was quite surprised and stated to her that during 1982 Ben Slone had requested a copy of Bill's resume but Bill was uncertain of the disposition i
of it.
Both Larry,Sant.ee and I recorded a written transcript of Ms. Rittle's answea to our questions aid had her sign both written transcripts at the end of our interview.
We also requested that if Ms. Rittle had any resumes of the individuals mentioned or had any stationary belonging to Quiltec, if she would please proviat that information to Larry Santee.
l l
1 l
U
],
[
)
Aooooe4s i
4 4
)
['M Investigation Regarding L. P. King Q
Interview with Rose Rittle Page 2 It is the writer's opinion that Ms. Rittle made an error in judge:nent W1 she was asked to type the resumes, specifically her utilization of cr~~-pf Before Ms. Rittle was interviewed by Larry Santee and myself, m property.
Kanga gave Ms. Rittle a brief overview of the Larry King situation ard s am to her that we were seeking her cooperation.
I believe it was quite clear that we.were not investigating Ms. Rittle, but solely seeking her cocpera-- ~
on information relative to a fair and conclusive evaluation relative to Mr.
King.
l o
/
J.
. oeblige q
Ar ea Manager - Human Resources 1
ree Mile Island f
JT/pir i
l i
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May 5, 1987 l
Wendy S. Cox Ace-Federal Reporters, Inc.
444 North Capitol Street l
Washington, D.C.
20001 Re:
In the Matter of:
GPU Nuclear Corporation-(Three Mile Island Nuclear Station, Unit No. 21 4
Dear Ms. Cor:
Please make the following changes and/or corrections to the transcript of the deposition of Bahman K. Kanga, whose deposition testimony was taken on April 10, 1987.
(
Pace Line Correction 4
14 Change " Street" to "Way" 7
24 Change "Kanga" to " King" 8
11 Change " engineering construction startup" to
" engineering, construction, startup" 10 13 Delete "the" 37 7
Change " comments.
Because" to " comments; because" 17 22 Change " aired, and" to " aired.
And" 22 16 Change "if he" to "that he" 24 1
Change " George" to " Joe" 26 16 Change *Mr. Rittle" to "Ms. Rittle" 27 7
Change " Arnold was" to " Arnold who was" Oh
\\_
-)
ec' Ms. Wendy Cox I
May 5, 1987 Page Two
,(O l
s-29 19 Change "that" to "at" 33 18 Change "Hoffman" to " Arnold" 34 13 Change " informed" to " confirmed" 36 12 Change "had knew" to "who knew" 39 9
Change second sentence "I can" to "I cannot" 39 18 Change "and" to "of" l
l 62 8
Change "Kanga" to " King" t
I 67 6
Change sentence to "No, I didn't."
69 9
Delete " violation;"
73 19 Change "of harassment" to "or harassment" 89 3
Delete "not" 89 5
Change " issue." to " issued it."
96 11-12 Change "the night he" to "I"
\\
105 14 Change "at the request of" to "I requested" 110 17 Change "That" to "There" 110 23 Change "made" to " collected" 111 16 Insert "was a" after "Other" 117 2
Change " Clark" to " Arnold" 125 10 Change " don't" to "did not" Very truly y urs, l
Kennedy P. Richardson KPR/ law cc:
Bahman K. Kanga J. Patrick Hickey, Esq.
l George E. Johnson, Esq.
l l
\\