ML20238C659
| ML20238C659 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 01/15/1987 |
| From: | Gischel E METROPOLITAN EDISON CO. |
| To: | |
| Shared Package | |
| ML20238C505 | List:
|
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8712310134 | |
| Download: ML20238C659 (192) | |
Text
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OZGTAL O UN11ED STATES NUCLEAR REGULATORY COMMISSION i
IN THE MATTER OF: DOCKET NO: 50-320 GENERAL PUBLIC UTILITIES NUCLEAR CORPORATION (Three Mile Ilsand, Unit 2)
LOCATION: MIDDLETOWN, PENNSYLVANIA PAGES: 1-155 DATE: THURSDAY, JANUARY 15, 1987 i
ACE-FEDERAL REPORTERS, INC.
Official Reporters 444 North Capitol Street Washington, D.C. 20001 (202)347-3700 8712310134 871209 PDR ADOCK 0500 0 NATIONWIDE COVERACE
-- -- __ _ _ _ _ _ _ _ _ _ _______ A
1.
b k47J '1' s . .
-UNITED STATES OF AMERICA-( . ]f.
NUCLEAR (REGULATORY.. COMMISSION-
... - - - - - x, In the Matter of: ,
- Docket'No. 50-320.
GPU NUCLEAR CORPORATION, _
- (Civil Penalty)
L(Three: Mile; Island Nuclear' Station, : License No.-DPR-73 iUnit No.'2). '
'L EA 84-137:
a
x Pages'l' through 155 Nuclear,Regul'atory Commission 100' Brown-Street.
Middletown, Pennsylvania' Thursday, January- 15',; 1987 Pursuant to notice, the' deposition of EDWIN H. GISCHEL/ .
III was'taken before me, John Anthony Kelly, Notary. Reporter, commencing'at 9:15 a.m.
APPEARANCES:
GEORGE ' JOHNSON ) : Esquire'.-
. COLLEEN'P. WOODHEAD, Esquire United < States Nuclear Regulatory Commissm :.n Office of General Counsel' Washington, D.C. 20555' (For'.the. Nuclear Regulatory Commis'sion) ,
l KENNEDY P. RICHARDSON, Esquire Thelen, Marrin, Johnson'& Bridges One Kaiser Plaza, Suite 1950 Oakland, California 94612 (For GPU Nuclear Corporation) 4, Commonwealth Reporting Company,Inc.
Too Lisburn Road I
+ Camp Hill, Pennsylvania 17011 i 0s Camp Hill Philadelphia (115) 732-1687 (717) 761 7150
lk48 1-A.
APPEARANCES (Continued):
6
/ J. PATRICK HICKEY, Esquire Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, D.C. 20037-(For GPU Nuclear Corporation)
. m/
J I
l Commonwealth Reporting Company, Inc.
' 700 Lisburn Road
.] [ Camp Hill. Pennsylvania - 17011
'N} Camp Itill Pitiladelpitia (717) 761-7150 (215) 732-1687
k49 2 1 E9EIEEIE 2 WITNESS DIRECT CROSS REDIRECT RECROSS 3 Edwin H. Gischel, III By Mr. Johnson 3 4 By Ms. Woodhead 62 By Mr. Hickey 80 5 By Mr. Richardson 129 6 EE'EIE1Tg
- 7i NUMBER FOR IDENTIFICATION IN EVIDENCE 2
8 Gischel Deposition Exhibit No.
9 1 (interview statement) 23 10 2 (2-10-83 memo to King'from Gischel) 27 11 3 (2-17-83 memo to Gischel from 27 Freemerman) 12 G 13 4 (2-17-83 memo from Gischel and 27 King to Thiesing) 14 5 (memo by Gischel) 27 16 61 6 (affidavit of Gischel) 16 (memo of 3-23-83 by Gischel) 64 7
17
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18 19 20 21 22 23 24 2s COMMONWE ALTH REPORTING COMP ANY (717)761-7150
- p. sl( 3' eg-
.b/.. 1 P,R,,0 C_ E E D I,N G_,1S 2 Whereup'on, 3' EDWIN HENRY GISCHEL,-III 4~ having been. duly sworn, testified as follows:
1 5 DIRECT EXAMINATION 0 BY MR. JOHNSON:
- 7 'G Mr. Gischel, will you please state your full
!O, 8 name?-
9 ,A. Edwin Henry Gischel, III.
10 .G And your current business address?
11 A. Business? "'
19~
G 'Yes, please.
I3 A. Metropolitan Edison Company. .I'm trying to I4
' remember the box number. Box 542, I believe it is, in 15 Reading..
16 G Reading, Pennsylvania?
'I7 A. Reading, Pennsylvania.
I8 G I am George Johnson. I am counsel for the NRC j i
IU staff in.the. proceeding = involving imposition of a civil 20 penalty against General Public Utilities Nuclear for violations j 21 of Sec' tion"50.7 of Title'10 of.'the Code of Federal Regulations 2~-)
involving discrimination against an employee for raising 23 safety concerns.
'4 9
In particular, this has to do with discrimination os
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against Richard Parks.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
1 s2 4 l
1 With me is Colleen Woodhead, also counsel for the 2 staff in this proceeding. Both of us are from the Office of 3 the General Counsel at the Nuclear Regulatory Commission.
4 MR. HICKEY: And I'm Patrick Hickey of Shaw,Pittman, 5 Potts & Trowbridge, counsel for GPU Nuclear.
6 MR. RICHARDSON: I'm Kennedy P. Richardson of Thelen,
- 7 Marrin, Johnson & Bridges, co-counsel for GPU Nuclear.
O 8 MR. HICKEY: Can I just record that before going on 9 the record, we agreed among counsel that the witnesses who 10 are being deposed in these depositions would have 40 days 11 to read their depositions and transmit corrections, if any, 12 before the depositions would be filed. Right?
I3 MR. JOHNSON: Right, with the understanding that we I4 would try to do it within the 20 to 30-day time frame.
15 MR. HICKEY: Right.
"' BY MR. JOHNSON:
G Mr. Gischel, what is your current position with --
I8 you are with Metropolitan Edison Company?
A. Correct. Special projects director.
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g What kind of work do you do as special projects 91
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director?
22 A. I manage facility improvement projects at several 23 of our non-nuclear power generating stations generally related o4 to administrative type facilities as opposed to power plant facilities.
COM MONWE ALTH RE PORTING COMPANY (717)761-7150
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, ,/ 1 G How 1 mag have you been in that position?
l 2 A. Sin,x leaving GPU Nuclear, which was the 4th of 3 July, 1982, I gt.c o s .
4 G Are you --
5 MR. IIICKEY : I wonder if the witness means 1983. ,
l 6 TIIE WITNESS: I mean -- yes, 1983. Thank you. j
- 7 BY MR. JOIINSON :
8 G The 4th of July, 1983, you left GPU Nuclear?
9 A. Yes.
10 0 And you were working at the TMI-2 site at that 11 time?
12
/~T A. Yes.
N-13 G IIow long were you with GPU Nuclear?
I4 A. Just about two years.
15 G So you came to GPU Nuclear in 1981?
16 A. That's correct.
17 G Of approximately what month, if you know?
18 I believe it was June, A. n 19 G June,1981?
20 , A. I believe so, o
~i G Was that when you came to work at the TMI-2 site?
i 99
.i Yes.
93 G What was your position when you came to GPU Nuclear?
"4 A. I was plant engineering director at TMI-2, 25 0 In June 1981, were you then working under the COMMONWE ALTH REPORTING COMPANY (717)761 7150
s4 6 i
j 1 direction of Larry King?
2 A 19817 3 Yes.
4 A. No. In 1981 I was working under the direction of 5 John Barton.
6 And he was site operations director then?
O 7 A. At that time, yes.
8 8 And you continued in your position, but your G
9 supervision changed? !
10 A. That's correct.
11 O When did that supervision change?
I
('") A. I guess it was the spring of 1982.
U 13 G And Mr. King was your supervisor until Mr. King 14 left in the February-March period, 19837 15 A. That's correct.
10 0 Within this time frame, you became ill at one I
point. Would you tell me when that was?
18 A. I believe it was early June of ' 82.
19 0 And you had a stroke?
o
~o A. I had a stroke.
')~ 1 O When did you return to work from your illness?
22 A. I believe it was October of '82.
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g Did you assume your full former job responsibilities s 8 04
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A. Yes. I assumed the position; but, in actuality, COMMONWE ALTH REPORTING COMPANY (717)761-7150
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j 1 my assistant, Ron Warren, conducted a good portion of the 2 department's business at that time while I continued l
3 recuperating. ;
i 4 G For how long did that recuperation period last?
5 A It is still ongoing. I don' t know if you are 6 familiar with the type of stroke that I had, but it kind of ,
l
- 7 blows away a portion of your brain and impairs your -- I guess 8 I shouldn't say impairs your thought processes. Perhaps some 9 say.it does, but I'm not sure that's an accurate reflection.
10 You lose a portion of your brain is my understanding 11 of it, and other portions of your brain relearn the functions 12
/~') that that portion once performed. You're back on a learning
'q ,/ i I3 curve, and it's a function of I guess you never really get 14 back to where you were. Well, that's a fact; you never do, 15 but you continue to improve, and I still feel continual ;
I f' improvement on a day-to-day basis.
I G What mental faculties were most affected, if l l
I8 there were?
l 19 I l A. Well, the biggest problem is sight. I've lost '
'li) the right field of vision in both eyes.
9
~1 G Peripheral vision, do you mean?
22 A. No, not peripheral vision. When I'm looking at o.;
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you right now, I can see your full face, but I don't see
- 04
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anything in the rest of the room.
d G I see.
COM MONWE ALTH RE PORTING COM PANY (717)761 7150
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) 1 A Both eyes are the same way. From straight ahead 2 to this side, I can see fine; but from here over (indicating),
3 it's gone.
4 That:affected my reading ability and things of that 5 nature which inhibited my ability really to function fully 6 in my job. That's why I relied heavily on my assistant to
- 7 support me until I could get to where I could read properly 8 again. I still can't read at the speed that I once could, but 1 9 I read fast enough now that I get by at least. ,
10 0 Was there any other noticeable problems besides 11 your sight?
12
/~') A. The sight is the predominant thing and, of course, J
I3 the portion of the memory that got wiped out in the episode.
I4 As I said, the memory has been gradually -- well, what was !
gone in memory is gone, but there was a short-term memory ;
I impairment to the effect that if we were sitting here in a II discussion, I might make a statement or you might make a statement and two minutes later refer to it and my mind is completely oblivious to the fact that it was made, and I oo
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might repeat myself, things of that nature.
91
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I tnderstand that is common with this type of an oo
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impairment, but that has been on the decrease substantially y'
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l since the time I got back to work.
94
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G When you returned to work -- I'm sorry. Did we o e, get the date that you returned to work?
COMMONWE ALTH RE PORTIN G COMPANY (717)761-7150
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( ,/ 1 A October; sometime in October. I don't recall the 1
2 exact date.
3 g Was that basically it, memory problems and sight 4 problems?
5 A Yes.
6 g Other than that, you were functioning fine?
- 7 A. Yes. There never was any inhibition in my thought 8 processes as to how I would react to given situations, at leas b i
9 none that was ever brought to my attention or that I was 10 cognizant of.
11 g Because of the problems that you were having, you 12
()
LJ mentioned that Ron Warren picked up a number of your functions ,
13 some of your business.
14 I was wondering: did you compensate for some of these .
15 difficulties that you were having in terms of your vision or 16 your memory in the performance of your work? Did you alter I
your style of' work to compensate? !
18 A. Yes. I was a manager of people primarily. I had approximately760 people in my department I believe at the 90
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time that we're talking. You know, management techniques 91
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vary with situations, and I have always studied management techniques and applied them in many different ways.
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When I felt that I had a need to depend more on my
- 04
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subordinates in certain areas such as through this episode, l 1
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I did so; but I do want to state that if you're going to get I COMMONWEALTH RE PORTING COM PAN Y (717)761-7150
s8 10
' I into that area, I think there is some background that needs 2 to be developed first. I don't know where you're leading with 3 this.
4 If you want me to give you a little background on 5 that, I will. If you think it's not worthwhile, I'll --
6 g I have no idea what you're talking about. Could 1
- 7 you explain?
E 8 A. When I first started over there, my instructions 9 when I came to work there were that there was no one home at 10 plant engineering and I was to go in there and -- John Barton 11 used some rather frank language -- he wanted me, in other 12
. ) words, to shape the department up. That was rather plain
\_,)
13 in his initial instructions to me.
I4 0 When you say " department," you mean plant engineer-15 .
Ing?
16 A. The plant engineering department.
So when I went to work, I adopted a relatively strong autocratic form of management style. The intention was to 19 smoke out the people and find out where the weaknesses were 20 and take steps to correct it, and I did that for a period of 01
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about six months.
9"o At the end of that time, I had a pretty good line on ty;
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what was going on and where the problems were, and I made 8 04
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some personnel changes and adjusted the responsibilities, et cetera. I was at the point where I felt that I could now COMMONWEALTH REPORTING COMPANY (717)701-7150
@9 11 q 1 back away from the autocratic style of management and turn 2 the reins of authority over to my subordinates, and I began 3 doing that around the first of the year in 1982. ;
4 By the time I went out with my stroke, I had just about 5 turned everything back over to the department, and I was 6 back in the form of standing away and managing rather than 7 getting in and leading and being out in front in the fray.
8 8 so when I came back from the hospital, I really was 9 at a point in my management style that I probably would have 10 been in anyway, but it just coincided with my particular 11 personal needs at the time.
1 10-
[~') So I'm not sure that my condition coming back from
.)
I3 the hospital with the stroke really placed me in a position I4 where I was not getting done the job that I would have been 15 getting done had it not been for the stroke, and that was 16 part of the' thing that caused so much anxiety on my part when II all of the developments began.
- Did you have a satisfactory relationship -- your i Q.
l9 superior sas John Barton. Did you have a satisfactory working oo
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relationship with Mr. Barton?
'31 A. I thought I did. I found out later some things 22 that caused me to question whether I did, but my impressions 0
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right up through then -- well, there were a few occasions 1
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l where I guess -- no; while I was working for him directly --
25 0 Yes; that's what I'm asking.
l l
COMMONWE ALTH REPORTING COMPANY (717)761-7150
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( ! 1 A. -- I felt that it was reasonable. John was kind 2 of a hard-nosed type guy and I understood that. I'm somewhat 3 in that vein myself at times, but I try not to a] low myself 4 to get pigeonholed in one away. I like to stay a little bit 5 loose. But John is there and he's there all the time.
6 Did he give you a performance evaluation?
Q i 7 He must have. We had evaluations at the end of
- A.
8 8 the year; so he must have at the end of '81, the beginning 9 of '82, but I don't recall what it was anymore.
10 g But it was favorable, as far as you can recollect?
11 A. Yes, definitely it was favorable. If it wasn't 12 J
/') favorable, I would have known it.
I3 G In other words, what you didn't remember was I4 ~
exactly when it was issued, but you did remember the nature 15 of the --
16 A. I know when it was issued, because the conpany II policy was that they needed to be -- the merit appraisals 18 are performed in November and December to support salary 19 adjustments in January. That's the company policy.
90
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Although my memory back at that point is kind of vague 91
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and I guess part of that went south with a few other things, 22 but I'm sure that happened.
o3 I do remember that I didn't take issue that I can 94
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recall with the appraisal, so it must have been fairly good, o.,
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MR. HICKEY: You said "part of that went south."
COMMONWE ALTH REPORTIN G COM PANY (717)761-7150
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/ 1 THE WITNESS: Yes, over the hill.
2 MR. JOHNSON: You lost it.
3 MR. HICKEY: You're talking about your stroke?
4 THE WITNESS: Right.
5 MR. HICKEY: I'm sorry. I didn't understand your 6 reference.
- 7 BY MR. JOHNSON:
8 With respect to Mr. King, he became your supervisor Q.
9 in the spring of '82?
10 A. Correct.
11 Were you evaluated by him?
Q.
I
)
-J A At the appraisal in '83,I guess I was.
I O Do you recall what it was, the nature of it?
14 Was it favorable?-
15 A. It was favorable.
16 Q. Did you express any problems with it with Mr. King?
17
' A. No.
O Did anyone else review Mr. King's appraisal of 19 you?
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A. Appraisals, supposedly, are always reviewed by 91 the next level in management; so I presume John Barton reviewCU 99
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it.
o
~'3 And, as far as you know, he apprcved the appraisal?
0 O.
A. Yes.
o r, Q. When was the next time you were evaluated?
i l
COMMONWEALTH REPORTING COMPANY (717)761-7150 l
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) 1 A. The following year. That was when I was with j 2 Met-Ed.
3 0 Who evaluated you then at the end of 1983? ;
4 A. My present supervisor, Dick Klingaman.
5 g Dick Klingaman?
6 A yes, f
- 7 g Ilow do you spell that?
8 8 A K-1-i-n-g-a-m-a-n.
9 g Do you remember that evaluation?
10 A. Yes, quite clearly.
Il O Could you tell me what that was like?
12 j'~') A I didn't'think it was very good; but under the
\ J conditions that I.went over there -- as a matter of fact, as I'I I recollect, I wrote a page or so of rebuttal to some of the 15 issues that he raised. i i
- g Coul'd you please tell me what the issues he raised
" were?
" A. Well, that he felt that someone in my position
- should be doing more and should be contributing more to the oo company.
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Yet, when I went over there, I made it clear to 03
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him and it was well understood by him and by his superiors 22 when he was asked to make a place for me of my condition,
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number one, and secondly,that my total experience before had 8 2~ :
been nuclear. I had zero experience in coal-fired or oil-fired power plants, which is where I was being asked to work.
COMMONWEALTH REPORTING COMPANY (717)761-7150
sl3 15 i 1 Although, I must say that his assignments did not !
2 really involve me in the power plants themselves. As I said, 3 it was strictly putting new administrative facilities in ;
d 4 place.
5 G Were you ever evaluated with respect to the period 6 of employment from January 1983 to June 1983 by Mr. Klingaman?
- 7 Did he evaluate you for that period?
8 8 A. He evaluated me from June of '83 until January of 9 '84.
10 Did anybody evaluate you for that prior period in G
11 1983?
1
/) A. Not that I'm aware of. I don't recall an evalua-s./
tion of that period.
14 G So Mr. Klingaman's evaluation didn't address the 15 i incidents and your work during the prior part of '83? '
16 A. No.
I G Were you ever interviewed by Mr. Stier as part of 18 the GPU investigation of harassment and safety allegations? !
19 A. Well, we had some discussions. I don't know if 90
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you'd call them interviews or not. I'm trying to remember.
"1 It seems to me that -- I believe I refused to give him a mi
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formal statement.
o3 I think -- I'm reaching now -- my recollection is that 8 O.$
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I agreed to help him with background information but that I os
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didn't want to go on record as making any further statements COM MONWE ALTH REPO RTING COM PANY (717)761 7150
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(_j 1 about anything at that point.
2 G Could you give me a time frame for that? Was that 3 before or after -- I think you gave an April 2nd affidavit.
4 Yes; you signed an April 2nd affidavit. Was it before or 5 after that that you spoke to Mr. Stier?
i 6 A_ I believe it was after that.
- 7 G Is it likely that it was between that date and the 8 time that you left the TMI-2 site, sometime in April-June?
9 A. Yes.
10 What was the substance of your discussion with G
11 Mr. Stier?
j } A. The thing that stands out most in my mind from 13 back then is that I didn't wan't to get involved in his 14 investigation because I felt he did not understand and really 15 didn't want to understand the -- I'm trying to think how I need to couch this -- let me say the need to follow NRC 17 rules and regulations verbatim, verbatim compliance, which is the way I've been taught since the time I've been a professional 19 for 25 years. That's the way the nuclear business is done.
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If you're not going to do it that way, don't get involved in oi
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it.
He just wanted to play that all down and say you've l
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got to take the general view of where they're going with it, l
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not what the words say. I said, " Hey, if that's where you're o"-
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going, I don't want to go with you, because 25 years tells me COMMONWE ALTH RE PORTING COMPANY (717)761-7150
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( ,j 1 that's wrong."
2 In other words, in your discussions with him, you G
3 discussed his orientation towards his work, towards his 4 investigation? Is this what you're describing?
5 A. His orientation towards his investigation. I felt 6 he was coming off the wrong basis for the investigation and
- 7 I didn't see any way of correcting that, so I didn't want to 8
8 be a part of it.
9 Did he ask you to give him factual information G
10 concerning Mr. Parks, Richard Parks?
11 A. I'd have to dig -- it's very fuzzy. I really
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'] can't say,
'n J G Did he ask you to give any factual information at 14 all?
15 A. (No response.)
10 0 Well, let me put it another way if that's difficult 17 l to answer. What did he ask you? !
18 MR. HICKEY: I don't know if he was just thinking for 19 a minute. I wasn't looking at the witness. Maybe he made 1
90
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some gesture that I didn't see, but I thought he was -- ]
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THE WITNESS: It's so vague. I can't sit here right now and recollect the discussion with Ed Stier. I know I had 03
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' several of them and they were very candid discussions and 8 9
~4 we exchanged a lot of philosophy, if you will, and things 95
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of that nature, but I can't sit here right now and remember
!l COMMONWE ALTH RE PO RTl'. . COMPANY (7171761-7150 l
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l the content of a single one of them. I'd be really digging if
/ 1 2 I gave you anything.
3 g But your recollection is that it was more of a 4 philosophical discussion --
5 A. Absolutely.
6 g -- and not a discussion that would directly have
- 7 served as input into the investigation as he was conducting O
8 it?
9 A. I don't think--in reading the portions of his work 10 that I read, which was very little, I couldn't see anything 11 that I gave him in there.
12 To the contrary, I thin k that he really didn't want
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'w l 13 to relate where he wac going to where I would be coming from.
14 g And in addition to this difference of opinion about 15 orientation toward NRC regulations, are you referring to 16 Was there any other kind of philosophical anything clse?
II dif ference or discussion that you had with hita?
I8 A. It was just in an overall viewpoint of what the I9 regulations means to the operator and what the operator's 20 feeling might be, whether he should follow them word-for-word, 2I verbatim, if you will, or just try to take a general meaning; o> i
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and Ed Stier's message from all of the things that I read 23 said that you just take the general theme, and as long as "4
you stick with the general theme, the rest of it was okay.
25 Did you talk to any of the people who worked for COMMONWEALTH REPORTING COMPANY (717)761-7150
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4 philosophical discussion -- y 5 A. Absolutely.
6 0 -- and not a discussion that would direc(ly have s 3
- 7 snr ed as input into the investigation as he pas conbudtinq 2
8 it? ls t 9 A. I don't think--in reading the porticte gf ,his work y.i.
10 that I read / @.ich was n'ry little, I couldn?t. eee anithing 4
11 that I gave him in there.
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13 to relate. where he was going tc/ where I would be coming from.
14 g ,And in addiU_on to this difference'of opinjen about 15 orientation toward {RC regulations, areyoureI3rxngto i
16 anything elso? Was tb ere any other kind of philosophical s
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l II dif fer 3nce or discIdsiM that you had with him?
<t; 3 f A. It was'jbst in an overall viewpoint of what the ,
I9 regulations means to the operator and what the operator's i
20 feeling might be, whethes; he should fbilow them word-for-word,
-3j verbatim, if you will, or just try to" take' a general meaning; d)n'6
~ and Ed Stier's messane fnm all of the thi'ogs ,.titet I read 4 g f I m;
" said that you just take t;Me general theme.fandas long as Q 4 "q i
you stick with the general th,ame , the rest. of it was okay.
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G Did you talk to any of the people who wo\ked'for l
COMMONWEALTH REPORTING COMPANY (717)761-7150
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v/ 1 Mr. Stier?
l 2 A. Yes, but I can' t remember who.
3 G Well, I'm aware of Mr. Aulick as one. /
4 A. Yes, I recall the name.
5 g Did you talk to him?
6 A. I recall the name, but I cannot right now sit and
- 7 picture the conversation or the meeting or the detail.
8 g And there was a Mr. Travis Brown, another man vyc )
9 worked with hims f* '{
C 10 A I remember that name also.
11 0 During one of the prior depositions here, one of 12
/~N them was described as tall and blonde, or am I combining; two
't 13 descriptions?
I4 MR. HICKEY: I think you're cod ining two.
IU MR. RICIIARDSON: Tall with dark hair.
16 MR. HICKEY: Mr. Brown is tall with dark hair and II - wait Mr. Aulick has blonde hair and is kind of heavyset I8 I would say that Mr. Aulich is husky.
a minute.
I9 THE WITNESS: I can't ret. ember.
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BY MR. JOHNSON:
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g You don't remember these individuals?
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A. No.
,,3 g Do you remember the substance of what was 94
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discussed with anyone else workieg 6er Mr. Stier?
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l i
I 1
, was just in the philosophical end, which I've already described l
L 2 t you, _
i 3
! O To your recollection, did you ever discuss anything y
4 with regard to the matters concerning the polar crane or 5
Mr. Parks or Mr. King or the issues you raised with respect I
6 '
te the polar crane with'any Bechtel lawyer or investigator?
'!: - 7 A. The question is: did I discuss the. polar crane O
8 issue with Bechtel. lawyers?
9 Yes.
- 0. .
10 3,' Not that I can recall.
11 D. Mr.' Richardson is a Bechtel lawyer. Did you have i 12 any discussions with him?
l 13 A. Mr Richardson?
14
,I Q. This is Mr. Richardson sitting right here(indicating).
4 h
15 y A. I don' t recall. Did I?
l 16 MR. RICHARDSON: No. Back in 1983, I was on the island
- i. 17
/
quite a bit representing Bechtel North American Power 1 , 18 l
I Corporation.
l ,' 19 I can state that I do not recall having any discussions y'
with Mr. Gischel. In fact, I think met you for the first ni time this morning.
THE WITNESS: My recollection is the same, but yours 93
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' is probably much better than mine.
24 MR. 70dNSON: Okay; thank you.
o 25 It COMMONWE ALTH REPORTING COMPANY (717)761-7850
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ha_________________ . . _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
s19 21 1 BY MR. JOHNSON:
2 0 Were you asked to give testimony or an affidavit 3 or a statement in the Department of Labor proceeding involving 4 Mr. Parks?
5 A Yes, I was.
6 G Have you a copy of that statement that you gave?
-. 7 A I do.
!o 1 "
i 8 G' Was that written by the compliance officer?
9 A Yes.
l 10 B Did you review it at the time that it was recorded l
11 as to its' accuracy?
12 A My memory or recollection is that I think I read 13 it over quickly. He sat there and wrote it by hand as we 14 talked. I believe I read it over quickly and it was generally in agreement with what we had said, but it was not a verbatim
- transcript of what took place.
I (Pause.)
G Did you have an occasion to review that statement recently?
O A I should have, but I have to confess that I just
1 didn't get a hold of the thing and read it preparatory to 22 coming over here. I wish I had, but I just didn't get it "3
i
~
done.
24 j G You were interviewed by I think it was a Mr. Feinberg --
COM MONWE ALTH RE PORTING COMPANY (717)761-7150
s20 22 1 A. Yes.
2 0 -- on. April 28, 1983. As you say, it appears to 3 be a record made by Mr. Feinberg of the conversation to which 4 you signed at the end. At the.end of the statement, 5 it says, "I have read this statement and it is true to my-6 best knowledge," and it is signed apparently "E"--
. 7 A.' Yes, that's my signature.
2 Perhaps I can show him an additional 8 MR. RICHARDSON:
9 copy'of that statement.
10 THE WITNESS: Yes.
11 MR. RICHARDSON: Mr. Johnson is referring to the last 12 page.
13 THE WITNESS: Yes, I remember this statement. I have 14 Yes, that is my signature.
a copy of it at home.
15 You may want to keep this here.
MR. RICHARDSON:
16 (Witness perusing document.)
17 BY MR. JOHNSON:
18 Among the matters that you raised in this statement 0 ,
19 in this interview, and also your April 2nd nffidavit --
20 Perhaps, Mr. Johnson, it might be MR. RICHARDSON:
21 I will happily surrender helpful to make this an exhibit.
typ my copy.
23 MR. JOHNSON: I ask that this be marked as Gischel 24 lDepositionExhibitNo. 1.
25 COMMONWEALTH REPORTING COMPANY (7171 761-7150'
, s21 23 1
,\ i j s_e' (Whereupon, the document was l
marked as Gischel Deposition 2
Exhibit No. 1 for identification.)
3 BY MR. JOHNSON:
4 G So you have not read this through recently?
5 A No, I haven't.
6 G Have you had occasion to review your April 2nd 7
- affidavit recently?
8 8
A No, but I'think I recall what's in there.
G That's something you wrote?
10 A Yes.
MR. JOHNSON: Off the record for a second.
12 lr,') (Discussion off the record.)
+
,/
13 MR. JOHNSON: On the record.
14 MR. RICHARDSON: Just so the record is clear, Mr.
15 Gischel, we are showing you what Mr. Johnson has just marked 16 as Exhibit 1 to your deposition. The last few questions 17 referral to a statement which you gave to the Department of 18 Labor.
19 In referring to such a statement, did you have in 20 mind what hac been marked as Exhibit l?
21 THE WITNESS: Say that again.
22 MR. RICHARDSON: Is Exhibit 1 a copy of the statement 23 which you signed and submitted to the Department of Labor?
8 24 THE WITNESS: Yes, it is.
25 MR. RICHARDSON: And that is your signature on the last COMMONWE ALTH REPORTING COMPANY (717)761-7150
s:.;22 :
/~' . 1' page?
( .
2 T.HE HITNESS: Yes, it is.
3 MR. RICHARDSON: Thank you.
4 BY MR. JOHNSON:
5 c0 One'.of the things described in this summary'of 6 the interview and'in your affidavit was some, concerns you raised .about tihe. ' safe'ty , evaluation report for the polar crane;
~
. 7 j
s .e '
8 I'think particularly the load test procedure.
9 I was wondering: ' prior to raising concerns about that' 10 procedure I believe it was in February 1983, had you been 11 expressing concerns of a similar type concerning the work'that 12 was being prepared by Bechtel engineers at'the site'concerning N._./
13 the refurbishment program?
14 A. Yes.
15 MR. HICKEY: Can I lodge an' objection to the "similar 16 type" vagueness of that question? Maybe ycu're going to pursu e 17 it, but -- !
l 18 MR. JOHNSON: I will pursue it. !
l9 BY MR. JOHNSON:
20 .Could you describe the types of objections you had (1
21 been raising?
22 A. Well, that began back before I had my stroke back 23 That's all, I g I guess shortly after I really came to work.
(
( 24 think, documented in my affidavit about issues which just came 25 through to me as there just appeared to be something wrong.
l COMMONWE ALTH REPORTING COMPANY (717)761 7150
s23 25 1 They were not dealing with the nuclear program in the 2 manner in which I had been trained and the way in which my 3 25 years of experience had told me was the way it is done.
4 I raised these issues, particularly with regard to 5 the polar crane, and I was told to just stay out of the polar 6 crane byfMr. Barton; and .that when they were done with whateve:
7 they were doing to it, that they would then certify it to me,
' \
8 who, as plant engineering ~ director, I needed to certify it to-9 the NRC; 'and that then we would be able to document everything 10 that was,done and bring it up to the proper condition so that 11 it could be returned to service.
I explained to Mr. Barton that if we were not involved
} 13 in it all the way through, it would be extremely difficult 14 to do that. He just told me to stay out of it and not worry 15 about it, and I did.
16 0 You did?
17 A. Yes.
l 18 Q. In reviewing the records of this period, I recall 19 memos of the 10th of February and the 17th of February which 20 appeared to be you raising certain issues and them being 21 responded to I think by site engineering.
Let me just show you these so we can be sure we're 23 talking about the same thing.
24 MR. RICIIARDSON : I have some extra copies right here.
MR. JOllNSON: Do you have the 17th? There was an COMMONWEALTH REPORTING COMPANY (717)761-7150
l L..
s24' 26 O'
l- Q . .
1 : exchange on the 17th.
2 MR. RICHARDSON: Mr. Gische1 and Mr. King's memo of 3 . February 17th. Do you wish the memo from Mr. Freemerman?
4 MR. JOHNSON: Yes, the response.
1' 1'
5 mrv, RICHARDSON: Here.
6 l'(bocuments hande.d ;tio Counsel Johnson.)
l- .
o 1
( - ' 7 :BY MR. JOHNSON: !
! i e .
i 8' .
- O' Thke'd.look af these three documents, and we will j l
9 identify them for the record.
- . i 10
- (Documents ~ handed'to witness.) 'i l
11 A (Witness perusing documents.)
I2 g The first one is February 10th. .It wac marked 13 as Chwastyk Deposition Exhibit 5 for the record. It is to 14 L. P. King signed by you. It is'two pages. It is called, 15
" Review of Polar Crane Load Test Safety Evaluation," in 16 which you, I believe -- I can summarize it by saying that. _
17 you found deficiencies in the safety evaluation with regard 18 to the load test.
19 A That is correct.
90
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g Then there is a memo from you and Larry King dated 21 February 17, 1983 to J. W. Thiesing, Recovery Programs, 2
referring to the 10th of February memorandum that we just 23 talked about, and a memorandum from R. L. Freemerman --
MR. HICKEY: Wait a minute. The one you just
~>5 identified is the same as Chwastyk Deposition Exhibit 6?
COMMONWEALTH REPORTING COMPANY (717) 761-7150
is25 27
() 1 MR. JOHNSON: Yes; I'm sorry.
2 I'm not sure that the Freemerman memorandum of 3 February 17, 1983 is in the Chwastyk deposition transcript, ,
4 but --
5 MR. RICHARDSON: Perhaps we can simply mark these in 6 ~ sequence as Exhibits 2, 3 and 4.
- 7 ,
MR. JOHNSON: Why don't'.we mark the first document, l"
8 which is the February 10 memorandum,as Gischel Deposition 9 Exhibit 2., 'I will~ write it on the document as we go along.
10 (Whereupon, the document was marked as Gischel Deposition 11 Exhibit No. 2 for identification.:
12 MR. JOHNSON: The Freemerman February 17th memorandum I3 to'E. H. Gischel, we will mark as Gischel Deposition Exhibit 3 14 (Whereupon, the document was marked as Gischel Deposition Exhibit No. 3 for identification.
MR. RICHARDSON: What's the date of that memorandum 17 .
again?
I8 MR. JOHNSON: February 17, 1983.
MR. RICHARDSON: Thank you.
MR. JOHNSON: And the February 17th reply of Gischel 91
~
and King to Thiesing will be Gischel Deposition Exhibit 4.
22 (Whereupon, the document was marked as Gischel Deposition ,
,,3 Exhibit No. 4 for identification.)
04
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MR. HICKEY: Off the record one minute.
05
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(Discussion off the record.)
COMMONWEALTH REPORTING COMPANY (7'7)761 7150
'28 s26
() 1 MR. JOHNSON: On the record.
2 MR. RICHARDSON: Mr. Gischel, Mr. Johnson has marked 3 as Exhibit 2 to your deposition a two-page, typewritten 4
memorandum from yourselfsto Mr. King.
5 Take as much time as you wish. Is that a copy of 5 6
the memorandum which you authored and sent to Mr. King?
7 THE WITNESS: Yes, it is.
8 8 MR.' RICHARDSON: Mr. Johnson has also marked as 9
Exhibit 3 to your deposition a two-page, typewritten memorandum 10 from Mr. Freemerman to yourself dated February 17, 1983, which 11 has a two-page, typewritten attachment entitled " Response to Plant Engineering Comments on the Polar Crane Load Test 13 Safety Evaluation."
14 Is Exhibit 3 a copy of a memorandum with the indicated 15 attachment which you received from Mr. Freemerman?
16 THE WITNESS: Yes.
17 MR. RICHARDSON: Lastly, Mr. Johnson has marked as 18 Exhibit 4 to your deposition a two-page, typewritten memorandum 19 from you and Mr. King to Mr. Thiesing dated February 17, 1983.
oo
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May I ask you: is that a copy of the memorandum which ol
~
you and Mr. King signed and submitted to Mr. Thiesing?
THE WITNESS: Yes, it is.
~ n MR. HICKEY: And from the copy of the Chwastyk depositicn,
~4 which I have in my hand, we can see that the February 17th, '83 ,
two-page memorandum signed by King and Gischel to Thiesing, COMMONWE ALTH RE PORTING COMPANY (717)761-7150
E s27 29
() I two pages, which is Gischel Exhibit 4, is the same as 2 Chwastyk Deposition Exhibit 6.
3 Right?
4 MR. JOHNSON: That's correct.
l 5 BY MR. JOHNSON:
6 g, 1-don't intend to.ask you detailed questions about
- 7 these memoranda, , but they record your comments and the responso 8
8 of Mr. Freemerman, I presume, for recovery programs to them.
9 After your reply to that in which you continued to 10 voice -- at the end it says - " fundamental disagreement with 11 the Polar Crane Retest Program," did you make any further 12 comments on that program of this nature in writing?
I3 A. Gosh --
I4 (Pause.)
15 G Do you recall continuing to be involved in 16
- .russi.4s of --
MR. RICHARDSON: Excuse me. I don't believe we had an answer to the last question.
BY MR. JOHNSON:
90
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G Go ahead.
91
^
A. Without going through records, I can't tell you from recollection. If you have documents there that indicate 23 that I did, I would be happy to review them and certify their 94
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authenticity.
95
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G Well, I don't. I received the impression from the COMMONWE ALTH REPORTING COMPANY (717)761 7150
30'
>2B 1 lack of further documentation concerning memoranda documenting 2 objections to the polar crane that you basically had your say 3' 'and you stopped; writing memoranda of this sort.
4 A You have to understand that'there~was a major a, 1 5 blowup:overjthere,at the time between Mr. Barton, Mr. King 0 and myself where Barton was going to fire me and-King
. 7 intervened. Things just w'ent kind of bananas over.there. -
8
" ~
8 So it certainly.wasn't the time that you continue documenting 9 problems.
10 There was a problem on the table that needed resolution ,
11 and I thought we were all trying to get together and c'ome up-12 with a reasonable resolution of the problem; but as it turned 13 out, the thing just kept spilling over.
14 I at that point didn't see any ne'ed for putting any 10 further documents into the fray. There were sufficient 16 documents in there already that needed resolution.
17 gt To your mind, did the matters described here ever 18 get resolved satisfactorily to you?
19 MR. HICKEY: Described in these exhibits?
0 MR. JOHNSON: Yes.
21 THE WITNESS: You are asking me to get involved in 22 something that I don't have any first-hand knowledge c er.
23
, MR. JOHNSON: Fine. I really was -- okay. Maybe y
we can explore some of the ramifications of that by asking 25 some more specific questions. It might be easier to get into.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
s29 31 1 THE WITNESS: Okay. .
2 BY MR. JOIINSON :
3 g Let me back up in time a little bit. You worked 4 for Mr. King starting in-I.think'it was the spring of '82.
5 Did there come a time that you learned of a connection G between'Mr. King and an organization named Quiltec?
- 7 A Yes.
O 8 g About when did you learn about that connection? e f
9 A. I learned about it probably when the general 10 public did as a result of the investigations that took place.
11 g And you would place that in approximately February g 12 of 1983?
A. Well, February or March or somewhere in April.
" I'm not sure. I heard about the Quiltec thing right about 15 l the time that Larry got summarily. removed from the island, 16 but I had nothing --
II G You had no prior information about that connection?
I A. No prior information on that, no.
- Let me clarify something. Larry and I were not a very l
l l
og close working relationship. He ran a department. I ran my 91
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department, and we were not chummy or buddy-buddy, and I no
~~
mention that in the affidavit. Our communication was strictly og
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one of business, a direct business relationship between him 94
~
as my immediate supervisor and me as one of his subordinates, o5 and even that was very minimal.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
L
, .s29 31 l 1 THE WITNESS: Okay.
2 BY MR. JOIINSON:
-3 g Let me back up in time a little bit. You worked.
4 for Mr..Kingyssarting in I/think #it was the spring of '82' .
5 Did there come a time that you learned of a connection 6 between Mr. King ~and anoofganization named Quiltec?
- .7 A Yes.
I 2
8 g- About when'did you learn about that connection?
9 JL I learned about it probably when the general 10 public did as a result of the investigations that took place.
11 g And you would' place that in approximately February lo~
of 1983?
I3 A. Well, February.or March or somewhere in~ April.
14 I'm not sure. I heard about'the Quiltec thing right about 15 the time that Larry got summarily _ removed from-the island, 16 but I had nothing --
I g You had no prior information about that connection?
I A No prior information on that, no.
19 Let me clarify something. Larry and I were not a very 90
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close working relationship. He ran a department. I ran my 21 department, and we were not chummy or buddy-buddy, and I oo
'~
mention that in the affidavit. Our communication was strictly 93
~
7 one of business, a direct business relationship between him
/
\ 24 as my-immediate supervisor and me as one of his subordinates, o".' '
and even that was very minimal.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
s30 32 1 He was satisfied, apparently, with the way I conducted 2 my business; so he had very minimal involvement in it. We 3 had no small talk or anything.like that. I didn't know what 4 he was doing.
5 G Similarly, what kind of contact did you have with 6 Mr. Parks during 1982, say?
- 7 A. Just about none. He was occasionally at meetings t
8 that I was at; but,again, our involvement relationship was 9 a very distant thing. .He was involved in other issues and 10 things that did not relate directly to me until the time 11 that the polar crane thing became a problem and I had to get 19~
involved from an organizational standpoint.
13 At that point, we all then began focusing on the I4 same problem.
1 15 g Would it be safe to say that you had no information 16 until it became widespread at the site in -- let me rephrase I
this question.
MR. HICKEY: You might want to point out to the I9 witness that Mr. King was suspended, because I think we all 90
~
know this from the record, on February 24, 1983.
91
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I don't know if you remember that particular date, 22 Mr. Gischel, but perhaps when Mr. Johnson asks you a question 03
~'
about events regarding the disclosure of Mr. King's activities ,
04
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you could identify your knowledge as before Mr. King was os
~'
suspended or after Mr. King was suspended, if you know, if that COMMONWEALTH REPORTING COMPANY (717)761-7150
s30 32 f 1 He was satisfied, apparently, with the way I conducted 2 my business; so he had very minimal involvement in it. We 3 had no small. talk or anything like that. I didn't know what 4 he was doing.
5 g. Similarly, what kind of contact did you have with 6 Mr. Parks during 1982, say?
- 7 A Just about none. He was occasionally at meetings 8
8 that I was at; but,again, our involvement relationship was 9 a very distant thing. He was involved in other issues and 10 things that did not relate directly to me until the time 11 that the polar crane thing became a problem and I had to get to~
involved from an organizational standpoint.
I3 At that point, we all then began focusing on the 14 same problem.
15 Would it be safe to say that you had no information 16 until it became widespread at the site in -- let me rephrase II this question.
MR. HICKEY: You might want to point out to the I
witness that Mr. King was suspended, because I think we all 90
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know this from the record, on February 24, 1983.
91
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I don't know if you remember that particular date, 2
Mr. Gischel, but perhaps when Mr. Johnson asks you a question 93
~
about events regarding the disclosure of Mr. King's activities ,
"4
~
you could identify your knowledge as before Mr. King was o
~'r, suspended or after Mr. King was suspended, if you know, if that COMMONWEALTH RE PORTING COM PANY (717)761-7150
i s31- 33 e
(/~'j) l' helps.
2 ,
,MR. JOHNSON: Okay.;.thank you.
3 c BYbR. JOHNSON:
-4 .G .Did you ever-hear of an incident in which Mr. Parks 3
.l c
5 had requested a Bechtel secretary to type resumes'for him?
6 A No. I was not -- I had no knowledge of that type
- 7 of information. Anything that was going on there was 1
8 completely beyond my' area. We were completely at a different 9
end of.the' office. My people didn't mingle with th'eirs. I
'10 'didn't mingle with their supervision. We were completely 11 segregated'from that standpoint.
19-(') G. During January and February of 1983, there are V I3 numerous events that you were alluding to. partially involving I4 the polar crane, and a number of these things are alluded I
to in the Parks affidavit.
16 Did you read the Parks affidavit of March 21st, 19837 I
A. Yes.
G It seems to me in your April 2nd affidavit that 19 '
you mention that you had read it and that, as it related.to 00
~
you, it was correct and as to facts of which you had personal 21 knowledge, it was also correct.
o
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I'm trying to fine it -- oh, here it is -- so I can 9
~3 refer to the language specifically.
l
( 24 Let me just show you the affidavit.
MS. WOODHEAD: Do you want to identify which affidavit COMMONWEALTH REPORTING COMPANY (717)761 7150
s32 < 34 I . Yw '
.( /. 1 you are showing him?
.e w 2 MR.; JOHNSON:
Yes; I'm;about to do that.
3 BY MR. JOHNSON:
4 0, ' This affidavit is a 22-page affidavit signed by 5 .you and it's dated the 2nd of April, 1983.
6 '
A, yes,
- 7 Q
.. On'page 15,.the first' full paragraph,'it says,.
O' 8 "I have read Mr. Parks' 56-page, March 23, 1983 affidavit.
9 I confirm the substantial accuracy.of all' portions;of.'the 10 affidavit that refer to me or for which I have personal 'i
-11 knowledge."
12 Do you recall what it.was that you were referring to I3 when.you were confirming the accuracy of.the affidavit as it.
I#
referred to you or for which you had personal. knowledge?
MR. RICHARDSON: Excuse me. Is the.qudstion: at the 16 time he wrote that, does he remember what he had in mind at.
I the time he wrote the April 1983 affidavit?
I8 BY MR. JOHNSON: -
i I
Q. At the time you wrote this affidavit, you were 9()
~
familiar with -- you had recently read the Parks affidavit?
91
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A Yes.
22 Q. And you reviewed those portions which referred to 23 you?
A. That's correct.
25 0, And you believed at that time that they were accurate?
COMMONWEALTH REPORTING COMPANY (717)761 7150
ls33 35 1 A That's. correct.
2 0 And the' portions w$ich referred to events for 3 which you had porsonal~ knowledge, you also reviewed the 4 statements of which you had personal knowledge concet aing - ,
l 5 the substance of those statements?
6 A yes.
- 7 g And you believed that the affidavit with respect 8 to those events was substantially accurate?
1 9 A That's correct.
10 g Do you recall today what those references were to?-
11 A Well, it was a long time ago, but it dealt with the 12 polar crane and the general way of doing business with respect 13 to modification control.
14 I think, as I recall, my affidavit goes into some 10 detail on some of those issues. It was not intended to be 16 exhaustive, as the NRC fellow so aptly put it, but rather 17 illustrative of the type of problems that were ongoing at the time.
19 0 Let me ask you -- there was a lot of ground covered "O
~
in the Parks affidavit. I wanted to ask you about.a few of 91
~
the events that he recounts and ask you if you had any knowledge ,
22 '
personal knowledge, about those events.
93 Did you have any personal knowledge concerning the 94
~
replacement of Mr. Parks by Dwight Walker as Mr. Edward Kitler' s 95
~
alternate startup and test supervisor or representative on the COMMONWE ALTH REPORTING COMPANY (717)761-7150
a s34 ' '
36
- r's ' '~
( j/ 1 Test Working Group?
2 'A No.
3 g Did you have any personal knowledge.concerning.
'4 statements.that may have been made in meetings to Mr. Parks 5 about his so-called negative attitude?
6 A No.
- 7 Q. Did you attend meetings in which Mr. Parks and l'
8 other members of'the site operations,either from recovery 9 programs or elsewhere,had disagreements about the way.they 10 were doing work on either the head lift or.the polar crane?
11 MR. HICKEY: That's a different question from the one 12
('}
-b you-just asked him, isn't it? 'You asked'him about whether 13 he had' personal knowledge of statements made in meetings 14 to Rick Parks about his negative attitude. His answer was no.
15 Now you're asking him whether he attended some other meetings?
16 MR. JOHNSON: No. I'm referring to any meetings, not I
other meetings; any meetings in which he' heard disagreements I8 expressed between Mr. Parks and other members of perhaps I9 site engineering or recovery programs.
90
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I THE WITNESS: Well, you're asking me to go back a long 91
~
way now, but, number one, I usually did'not attend those i
meetings. My subordinates did.
93
~
- MR. HICKEY: What meetings are you talking about,
.l 3)' 4 because it's not clear to me?
25 THE WITNESS: I think he's talking about meetings of the COMMONWE ALTH REPORTING COMPANY (717)761 7150
._( ---7
'(
ts35 37 m,
f d t,
f3
- g. r 1 Test Working Group, what they call the.TWG group, and --
3 ,
2 BY'MR.' JOHNSON:
3 0 Not only TWG, but more. informal meetings in which 4 the engineers got:together to discuss progress on various 15 issues relating to the polar crane refurbishment.
6- A. I normally.did not get. involved in those meetings.
-. 7 Where plant engineering was involved, my people generally represented me at the meetings -- they didn't represent me.
8 9 They were the cognizant people at the meetings.
10 But on the polar crane issues, as it began to unfold,-
111 the information came back to me because I really didn't have:
12 anybody who was really well qualified in crane type things.
13 Who represented you?
0 14 A. It varied. Depanding on the nature of the meetings ,
15 it would either be Ron Warren or Bill Ream. I guess I'm 16 If we talked about a specific talking in generalities now.
II
. meeting, we'd probably have to talk to Ron to figure out just I8 who attended, if anybody, from our department.
IO Did Ron Warren continue to be your sort of right-Q.
20 hand man during this period?
21 A. Yes, he did.
22 Did he relate to you disagreements between Q.
23 Mr. Parks and other members of the site. engineering?
A. Yes. We had discussions from time to time on that.
COMMONWE ALTH REPORTING COMPANY (717)761 7150 I
F \
t .
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s36l
', 38'
.i >
t r
( 1 M R '. RICHARDSON:' (And:other members of site engineering?
2 MR.JJOHNSON: Yes.
3 THE WITNESS: With respect to the polar crane, you're 4 talking about?-
5 MR. JOHNSON: . Yes.
6 THE WITNESS: Yes.
Is there some misunderstanding?
~
7 MR. JOHNSON:
.3 8 BY MR. JOHNSON:
9 0 Mr. Warren was not part of site engineering? ;
10 A. No.
11 MR. JOHNSON: I didn't mean to imply.that he was,.if f
12 I that's your problem.
[]
(/
13 BY MR. JOHNSON:
I4 0 Can you recall some of the matters that Mr. Warren 5
recounted to you?
6 I can't recall specific conversations anymore, A.
II but I can recall the general context that at the time there -
I8 was a great deal of banter, if you will, amongst people such l9 as Ron and perhaps Bill Ream with respect to what was going.
20 on.
o
~l It was more in observations that Parks had taken o2
~
certain positions and that Bechtel and others had taken 93
~
opposite positions and they weren't budging and we were at 0
i 24 .
an impasse.
J o5 Then the interest, -of course, came back to us because i
COMMONWEALTH REPORTING COMPANY (717)761-7150 ,
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's37 39 b d p-
~' 1 we had to be.the guy at the bottom.line on this thing that-2 had to say it was all okay. So there was a natural interest'in-
.3- my people, a's well as myself,-to kind of keep our finger on-4 'the pulse of this thing even though for the large_part-at-5 Lthis point we'were not.directly involved.
6 Because you had sign-off responsibilities?,
G <
- 7 A Yes.
8' 8 - On'page 8 of'the 56-page affidavit that Mr. Parks G-D submitted of: March 21st, 1983, he makes some statements on-10 page 8 in.the'first full paragaph. I'd just.like you-to 11 read'that.
A Right here?
0 0 Yes, please, starting with "S.O. raised."
.(Witness perusing document.)
15 A. You have to bear with me. I read very slowly.
16 G Go ahead. Take all the time you'want.
(Pause.)
MR. RICHARDSON: Would this be a good time for a three-19
-minute break?
20 THE WITNESS: I would second that motion.
21 MR. JOHNSON: Why don't we take a five-minute break.
22 (Recess.)
MR. JOHNSON: On the record. l l 9
~4 BY MR. JOIINSON: 1 0
^5 G M r ". Gischel, there is a reference in that paragraph COMMONWEALTH REPORTING COMPANY (717)761-7150
_ _ - - - - _ _ _ - _ _ _ - - _ _ _ _ _ x. - _ _ - b
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,s38- 40
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( b 1 that I showed you on page 8 of the Parks affidavit which
.2 refers to an early January 1983 head lift task force meeting- ,
l 3 in which Tom Morris, acting chairman of the head lift task j
.)
4 force, is said to have sharply responded when Mr. Parks pointed ~
5 out that' site operations couldn't comply with some requests 6 until certain procedural steps were taken.
i
- 7 He- said, according to Mr. Parks, "Instead of telling l E
l 8 what we can't do, you should tell what we'can do."-
9 Do you recall'-- first of all, were you at that 10 . meeting?
11 A No.
19~
Was Mr. Warren perhaps at that meeting, if'you
. w/('] G I3 know?
I4 A I don't know if he was or not.
15 0 Was the substance of that meeting reported back 16 to you?
A It came back to me, yes.
18 G Did the substance include a report of the statement 19 by Mr. Morris?
20 A I became aware of that statement, but I can't 21 tell you specifically at what-point in time; but it went hand "2
in glove with things that were going on at the time. It's in i ol
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the time.
25 0 So it's reasonable to -- it's the type of thing COMMONWEALTH REPORTING COMPANY (717)761-7150 l N .
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l' 1 .th'at would.have been reported back?
2 A. It would'certainly be in tune with what was going a .on, yes.
4 MR. HICKEY: Wait a minute. If I understood the 5 witness correctly -- correct me if I'm wrong, Mr. Gischel --
6 you' don't know when you heard about Mr. Morris' comment; is
.- 7 that right? !
! i 8 THE WITNESS: No. I can't tell you specifically'when 9 I heard about it.
10 MR. HICKEY: Do you know-if you heard about it before 11 you read about it in Parks' affidavit? l 12-
.x THE WITNESS: I can't honestly say.
s
)
13 MR. HICKEY: We're trying to find'out the best you 14
.know and the-best you recall.
15 THE WITNESS: To the best.of my knowledge, I don't 16 recall.
17 MR. HICKEY: If you don't know, then you don't know.
18 If you remember, then you ought to tell us.
19 THE WITNESS: Okay.
1 20 MR. HICKEY: Thank you.
21 '
BY MR. JOHNSON:
22 0 I don't want to get into an argument with 23 Mr. Hickey, but I think you did say that statements by
' V' 24 Mr. Morris were reported back to you after this meeting.
25 Do'you. recall that?
COMMONWEALTH REPORTING COMPANY (717)761-7150
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s40' 42 1 MR. RICHARSON: Excuse me. .That wasn't his' testimony.
2 I think the' testimony was that at some. point he learned about 3 that statement.
4 BY MR. JOHNSON:
5 And I understood that to mean not that you learned 0
6 it from reading-Mr. Parks' affidavit, but that you'1 earned.
- 7 it in some sense contemporeously --
!O 8 MR.' HICKEY: No. He said he doesn't know when --
9 THE WITNESS: I can't recall exactly when I first 10 became aware of that statement.
11 MR. JOHNSON: Okay. That's not what I understood.
1
/'T MR. HICKEY: The record will reflect'what the witness U I3 said.
BY MR. JOHNSON:
G There's a further statement there that says i
16 dut'," Morris told Richard Seiglitz, manager of plant ' maintenance ,-
17 that I should be counseled for my negative attitude."
18 Did you hear that reported to you prior to reading 19 this affidavit?
9
'0 A The same thing. I can't recall when I first became ol
^
aware of that.
22 0 You indicated in characterizing when I asked you about the statement that was attributed to Mr. Morris about,
.f 94
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" Don't tell us what we can't do; tell us what we can do," as the kind of statement that would go hand in glove with what COMMONWEALTH REPORTING COMPANY (717)761 7150
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2 What did you mean about what was' going on when you j 3' said'that?
4 A. I have.to refer you back to my April 29th affidavit ,
1 5 ' That was the whole purpose of that. '
6 Q. You mean April 2nd affidavit?
-- 7 A April 7th, 2nd, whatever it was, j 2
8 There were just things going on out1there that were 9 getting beyond our control'and we'were.not able to regain, 10 control.of'the situation.
11 G Are.you finished?
12
.. A Yes.
13 O Mr. Kitler testified about some events that 14 occurred in the office on February 18th between Mr. Kitler 15 and Mr. Parks, a conversation that Mr. Parks and'Mr. Kitler 16 had starting in the parking lot first in the morning and then 17 as they moved into the King site operations area concerning.
18 a rumor that Mr. Kitler and Mr. Parks were discussing about' ,
19 the . possibility of his being transferred from TMI, and'in 20 the --
21 MR. RICHARDSON: Excuse me. Could you read that 22 prefatory.s'tatement back, please?
~
23
,s (Whereupon, the reporter read from the record, as l !.
\l 24 requested.)
5 TflE WITNESS: Because he wanted to check it out, yes.
COMMONWEALTH REPORTING COMPANY (717)761-7150
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1 BY MR. JOHNSON:
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2 L G Did you ever talk to him about his retirement
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[ '> MR. JOHNSON: The "his" that I was referring to 6 was Mr. Parks.
7
!- 7] BY MR. JOHNSON:
g ; i; l-8 In Mr. n rks' affidavit, he refers to this incident, G j 9 on page 20, if you'd like to refer to it in the affidavit 10 sitting before you. Mr. Kitler and Mr. Parks apptrzently, 11 h 4 <
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have somewhat dif ferent views as to what tran,rp3gcQ 4in th'is ,
1 3 P conversation, i t,
- 13 E ,
If ybu'would review 'tia,{.--it is the second full' St t
. , paragraph on pagh 20--as a background W this next question, 15 ' r )'
I would appreciate it. ,, A.
i c 16 A. (Witneps perusing document.)
I MR. HICKEY: Could I ask that you refrain frg 18 charactorizirig other witnesses' testimony that really isn't 19 necessary to your question. I don't think it's necessary to 90 ask Mr. qigdhel about this incident to describe whih other 6
~
\ n 21 witnesses' said about it. T N
no
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lY., RICHARDSON:
~~
I would just like to add tp a basic 23 >
objectlye,- I object to this approach of showing documents to
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the witness when there is no found!ation laid N s t o whether ,
the witness needs'his recollection refra.shed about a particulay ,
N COMMONWE ALTH REPORTING CMA ANY '
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45 s43
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I event.
2 THE WITNESS: Okay. Your question is what? I 3 BY MR. JOHNSON:
l 4 G The question is: do you have any personal i i
I
)
6 knowledge concerning the events that a re recounted there in 6 this paragraph starting on page 20-starting 'On F,. b nw ry U5 t h " ?
I
- '7 A. No.
?
O 8 MR. RICHARDSON: Excuse me. Thir as a very -- okay.
O BY MR. JOHNSON.
10 G You have no personal knowledge? ,
i 11 A. No. }
l I2 G Did anyone in your department report to you or I3 or about February lbLh that Mr. Parks and t'r. Kitler and I4 Mr. Chwastyk and King bad had the conversation that is 16 recounted in this paragraph?
I 16 A. I can' t recall tha t'. There were so many discussions
" going on back and forth, but I can't reca)l1 when they took 18 place, who was involved.
I kind of doubt that I had any r!irect know. ledge. I oo really didn't involve myself in the scuttlebutt that was "I
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going on. I had thittgn of ny own to do in my of fice. I made 22 it my business to not really fraternize with the troops and 03
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No, I have no triowledge of it.
0 0 Did you during the February 1983 time f rame Or CO M M O. ,' NE A i. iM REPORTING COMPANY (7176701 7150
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, 3i about a threat to. transfer Mr. Parks off-site? j t N.; ;
3 - A.' . Again,;it's something that.came to me at;some :l 4- -point'in' time, and at this time I can't tell you~when and by
-2 '
h6 whom.
F ,
6- pi Did you ever hear a report that Mr. Morris had .
.p indicated to someone that, "Why can't we get rid of this E
8 guy or something," referring to Mr.: Parks?
9 A. When was this?
lL 10 MR. HICKEY: He didn't put-a date on it.
- g. ,
, 11 'BY MR., JOHNSON:
K, -
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O I didn'.t put'a date, but'it would have been-13 t- '
approximately in.the February-January '83 time frame.
14 '
A. That question or statement came.out during.the 1' meeting that we had the day that' Parks went public.
g I' don't'
- inow if it was in.my original affidavit or in some of the U
l clarifying things afterwards, but I'm sure that that informa'-
'8 tion as'to what went on in that discussion has been put into
- l. the record. ,
l 2 20 l h MR. i!ICKE"h Could I ask the reporter to read the o
- t question back, please?
22 ~
s[> -(Whereupon,'the reporter read from the record, as g4 l requested.)
O ,'
MR. HICKEY: ,I asked that the question be reread because 03 it wasn't clear to ne whether the witness had understood the
(
COMMONWEALTH REPORTING COMPANY (717)761-7150
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I question; and while the reporter was doing that, Mr. Gischel
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2 said, in substance, "Can I make a statement."
3 So, go ahead, Mr. Gischel, i 4 THE WITNESS: I should retract what I said because 5 I didn' t pick up on that you asked me what Mr. Morris -- I 6 was not involved in a discussion with Mr. Morris, and what I 7 told you is completely out of context with your question; so 8
8 it should be disregarded.
9 BY MR. JOHNSON:
"I g What I understood from your prior answer was that 11 you really don't have any present recollection of these I
events, but that_any recollections you had contemporaneously jg g 13 with your April 2nd affidavit were contained in there and that 14 you stood by them. That's what I understood you to be saying.
Is that --
16 MR. RICHARDSON: Wait a minute.
17 MR. HICKEY: That's awful leading. I don't know what 18 you're referring to. I don't know what statement of his 19 you're referring to, but it's a very leading question covering 90
~
a lot of areas. I ask that you phrase it differently.
l
~
BY MR. JOHNSON:
~
G To the extent that you may have had recollections r;
~'
concerning_ threats that might have been made to Mr. Parks,
4
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that you said whatever you had to say on that subject in your April 2nd affidavit. That's what I was really asking you.
COMMONWE ALTH REPORTING COMPANY (717)761 7150
s46 48
- h. I Would that be substantially correct?
2 A Yes. That's substantially correct.
3 MR. JOHNSON: Off the record.
4 (Discussion off the record.)
i 5 MR. JOHNSON: Back on the record, please.
6 BY MR. JOllNSON:
- 7 O Mr. Gischel, did you have any personal knowledge 3
8 8 concerning events surrounding the interview of Mr. Parks by 9 certain Bechtel management people, internal audit people, in 10 March 1983?
11 A. No.
I2 O Did you have any personal knowledge concerning 13 the events surrounding the replacement of Mr. Parks as 14 primary site operations representative on the Test Working 15 Group?
A. No.
17 0 Did Mr. Parks ever talk to you concerning his removal fran the Test Working Group either as the alternate 19 to Mr. Hitler or as the primary site operations representative?
90
~
A. I'm sure he mentioned it on more than one occasion, "I
~
but I can't at the moment sit here and recall specifically what transpired and at what point in time it was.
<r;
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G In other words, when you say "what transpired,"
' 4 do you mean the substance of the conversation?
A. Yes.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
-s47 49 1
G Can you recall his attitudes during your 2 discussions?
3 A. What I would have'to --
4 MR. RICHARDSON: Excuse me. Can we make it clear.as 5 'to which event we are talking about? There are two. events 6
in question.
- 7 MR. JOHNSON: Well, let's break it'down.
R 8 TILE WITNESS: Let me save you a little trouble here.
9 I cannot at this point sit back and say'in one particular-10 discussion, .his. attitude was this or it was that. I can give 11 you a general feel for what his general attitude was, b9t 12 '
I can't be more specific.
13 BY MR. JOHNSON:
14 G. Well,.what would you say as.best you can?
15 MR. HICKEY: When? When are we talking about his 16 general attitude?
17 BY MR. JOHNSON:
18 G I assume you are referring to the general time 19 frame of February-March '83?
20 A. Yes.
~j o
g Go ahead.
29~
A. Prior'to that, I had very little involvement with 03
~
Parks, and I really didn't have a great deal of involvement
'l' with him then.
25 MR. HICKEY: Do you mean in February-March?
COMMONWEALTH REPORTING COMPANY (717)761-7150
s48' 50 h 1 TIIE WITNESS: Yes. But we did have I guess several 2 discussions in that time period. His attitude to me was one 3 where he was, in his opinion, trying to do what he felt he 4 was required to do by law and by the nature of his job 5 assignment in the GPU organization and that he was being 6 thwarted in that process.
- 7 That seemed to be his overriding concern at the 8
8 time.
9 BY MR. JOHNSON:
10 g Did he ask you for assistance of'any sort?
11 A I can't recall the specific words, but I do recall 12 he did make me familiar with events that related to the polar g
13 crane and I believe on several other similar issues. But, 14 again, for the life of me, I can't sit here now and cite 15 chapter and verse on them.
16 I think probably the best source would be back in 17 my affidavit.
18 0 You don't recall now what he may have asked you?
19 A No. I can' t recall specifics.
90
~
g Or what you said to him; can you recall anything "I
~
from that?
c,o
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A No.
~'.3 g I'd like to skip ahead in time to the period 24 after Mr. Parks left the site as soon as I can find the 25 document I'm looking for.
(Pause.)
l COMMONWEALTH REPORTING COMPANY (717)761-7150
s49 51 ll 1 0 In the staff's discovery response of December 15, 2 1986, the staff produced a document, and I'd like to show it 3 to you. It is a handwritten document. On the top of the 4 page it's marked "5/4/83." It's handwritten. I believe it's 1
5 two or three pages -- it's two pages -- and there are initials 6 at the end of the writing, and it appears to be your signature ,
- 7 Is that your initials?
s E
8 (Document shown to witness.)
A Yes, it is.
9 g Did you prepare this two-page memorandum?
IU A. Yes.
11 MR. JOHNSON: I think it might be useful to mark it 12 for identification so we know whac we've got, and I think I'm 13 going to Xerox it.
14 I'd like this two-page memorandum which Mr. Gischel has II' identified to be marked as Gischel Deposition Exhibit 5.
16 (Whereupon, the document was marked as Gischel Deposition Exhibit 5 17 for identification.)
3g MR. JOHNSON: Off the record a second.
(Discussion off the record.)
19 MR. JOHNSON: On the record, please.
20 BY MR. JOHNSON:
21 g Mr. Gischel, you have read this document?
22 A. I am three-quarters of the way down.
23 g Okay; go ahead.
(Witness perusing document.)
25 COMMONWE ALTH REPORTING COMPANY (717)761-7150
f TlB:jl ,
t 52 i Tile WITNESS: Okay.
c[')'.
3 2
BY MR. JOHNSON:
1 3 G Mr. Gischel, did you prepare the document that 4
has been marked as Gischel Deposition Exhibit 5?
5 A. Yes, I did.
6 0 IIaving read the document, and noting its date, 7
which was almost four years ago, to the best of your recollec-g tion, does this memorandum represent -- did it represent, at 9 the time you wrote it, an accurate report of information jo that Mr. Warren gave you coming back from the meeting that is n referred to in the note?
,s 12 A. Yes. It represents my understanding of what he
)
13 said.
14 0- I would like you to focus on the statement that ,
l 15 starts in the middle of the page, "Also, Kanga apparently,"
16 almost exactly in the middle of the page.
A Okay.
17 18 G It says, "Also, Kanga apparently was quite pleased 19 about Parks' reference to the ' mystery man' in his affidavit, 20 and indicated that was sufficient basis to discredit the 21 entire document. I am amazed that with all that has happened, 22 that someone in his position would publicly acknowledge the 23 organization's interest in discrediting these issues, rather 24 than responsibly looking into them and taking positive action 25 on some of the many real issues in Parks' affidavit."
COMMONWEALTH REPORTING COMPANY (717)761-7150
j2 l 53 In the second sentence I read you are expressing your 8 personal view, your reaction, to what Mr. Ron Warren had told you about Mr. Kanga's appearance at that meeting.
MR. RICHARDSON: Excuse me. By making that statement, 4
s ,
that suggests that everything in the preceding sentence represents information conveyed by Mr. Warren, and the witness 6
has not affirmed that.
7 g
MR. JOHNSON: Okay. That's a good coint. I g
BY MR. JOHNSON:
g G Going back to the preceding -- I was going to get g to that -- sentence, does the sentence that starts "Also"
]
l te reflect what Mr. Warren told you? l O 13 MR. RICHARDSON: Excuse me. The problem, Mr. Gischel, j l
14 lawyers sometimes make the objection about a compound question, 15 and the danger is it appears to be a simple question, but 16 there are different elements in the question, and there are a different, discrete elements in that sentence. It is not is clear whether, for example, the first phrase about Mr. Kanga 19 being pleased, whether that was your, say, subjective inter-20 pretation of what Mr. Warren was telling you, as opposed to 21 his actual report concerning what he heard at the meeting.
22 That's why we have to proceed very carefully here. l 23 THE WITNESS: I think you can take this entire note 24 as my interpretation of what was told to me, or what I think 25 was told to me.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
N 54 l I
1 MR. HICKEY: You mean this whole document, these two 3
Pages?
2 THE WITNESS: This whole document; yes. There is 3
nothing verbatim in here. It is simply my recollection 4
1 shortly after the discussion. I 5
1 6
BY MR. JOHNSON:
G Given that, what did Mr. Warren tell you concern-7 g
ing Mr. Kanga and Parks' reference to the " mystery man" in g the Parks affidavit?
10 A. - I can't remember the exact words anymore. All I can recall now is the notes that I wrote right after the dis-33 12 cussion which relate my sentiments relative to that.
O 13 0 When it says "Kanga apparently was quite. pleased,"
14 did Mr. Warren tell you that Mr. Kanga acted as if he were 15 happy that Mr. Parks had made the mystery man allegation in 16 his affidavit?
17 MR. RICHARDSON: Excuse me. I think the witness has is already testified that sitting here today he has no recollec-19 tion, no present recollection, as to what Mr. Warren told 20 him almost four years ago. So I think you're launching from 21 a platform which doesn't exist.
22 MR. JOHNSON: Well, I will ask the witness to answer 23 the question as best he can.
24 THE WITNESS: As best as I can remember, -- state the 25 question again, please.
COMMONWEALTH REPORTING COMPANY (717)761 715,0
55 J4 1 BY MR. JOHNSON:
f 2 0 To the best of your recollection, did Mr. Warren i
3 report that Mr. Kanga acted as if he were happy that Mr. Parks 4 had brought up the mystery man in his affidavit, Mr. Parks' ,
I 5 affidavit?
e A. Yes, to the best of my recollection.
7 G To the best of your recollection, did Mr. Warren l i
8 state that Mr. Ranga acted happily about that? Did he say j l
9 that? Did he act happy and also state specifically that to the mystery man allegation served to discredit the affidavit?
11 MR. RICHARDSON: Excuse me. That's a pretty long 12 question now.
13 BY MR. JOHNSON: ;
14 0 Is is too long?
15 A. I think I understand where you're --
16 MR. HICKEY: I have an objection to the form about who 17 is stating it. I don't think it ends up being clear about 18 who made what statement.
19 BY MR. JOHNSON:
20 0 I want it to be perfectly clear, so I'm going to 21 repeat it.
22 MR. HICKEY: You could, of course, ask the witness 23 what he remembers of what Mr. Warren said if you weren't so 24 insistent on phrasing the words yourself.
25 MR. JOHNSON: Well, I got an objection to that type of COMMONWEALTH REPORTING COMPANY (717)761 7150
l l
1 j5 56 I
3 question before, and I was trying to avoid Mr. Richardson's bjections.
2 3
I'll try Mr. Hickey's approach then.
4 BY MR. JOHNSON:
5 G On this subject, what do you recollect that 6
Mr. Warren said to you?
7 A. I seem to recall him with a broad smile on his 3
face, as Ron often would do when he felt something was either g humerous or absurd, and he made a statement very similar to 10 the words that I have in there. I can't recall word for word 33 what was said, but the gist of it is what I have put into the 12 note; that Kanga was pleased or happy,or something to that O 13 effect, that the mystery man issue came up; that this was some-14 thing which could be used to discredit the Parks affidavit.
In G And this last part of what you just said was what 16 Ron attributed to Mr. Kanga saying?
17 A. To my recollection, yes.
18 0 I would like to turn back to your affidavit of 19 April 2, which, if you have it in front of you, it is on page 20 14 that I would like to refer you.
21 The subject of my question will be --
22 A. This is the Parks affidavit.
23 MS. WOODHEAD: He doesn't have it.
24 MR. JOHNSON: Let me show it to you.
25 (Document handed to witness.)
COMMONWE ALTH REPORTING COMPANY (717)761-7150
s j6 57 i BY MR. JOHNSON:
I 2 G That is page 14 of your April 2 affidavit. The 3
subject that I would like to address is Quiltec, and specifi-4 cally the content of the last full paragraph on the page, 5
starting "I believe." If you would read that, please.
) (Witness perusing document.)
6 7
A Okay, i g O The statement that I would like to ask you about 1
I 9 is the statement that says, "It is my understanding that jo management had known of Quiltec for some time and apparently 11 did not feel any need to take actions against him until he 12 supported my February 10 memorandum and similar challenges 13 from the same time frame."
14 Could you explain what you were referring to in that 15 statement?
16 A. My understanding was based on discussions with 17 Larry and Joe Chwastyk and others at the time, and just my 18 general feeling was that the Quiltec thing was known at 19 management levels in the GPU Nuclear organization. I don't 20 have firsthand knowledge that says they did. This is just a 21 general feeling from those discussions, and I can't point 22 chapter and verse as to what about those discussions led me 23 to conclude that; it was too long ago.
24 G You refer to the word " management," that manage-25 ment had known for some time. When you said " management,"
COMMONWEALTH REPORTING COMPANY (717)761-7150 0
j7 58
'^) 1 what did you mean?
G' 2
A. By " management" I meant the people who were at 3
the higher level in the company than Larry and myself.
4 G That would be Mr. Kanga and Mr. Barton, 5
Mr. Arnold?
A. Yes.
6 {
7 G When you say they have known for some time, what g did you mean by "some time"? A month; two months? Three g months? More than that?
3g A. I guess, based on discussions with Larry and others 33 at the time, that I was under the impression that it was ys 12 known for a period of at least several months.
e \
_)
13 G Do you recollect anything specific that he may 14 have said to justify his belief?
15 A. No. It was just a feeling which came over me as a d
16 result of various conversations.
17 G But the conversations, as you recollect them, were i
I 18 conversations you had with Mr. King and Mr. Chwastyk, or 19 could it have been others? l l
l 20 A. It coulo have been others as well, yes. ;
21 G One last point.
l 22 Off the record. l 23 (Discussion off the record.)
24 MR. JOHNSON: On the record, please.
25 COMMONWE ALTH REPORTING COMPANY (717)761-7150
j8 59 3
BY MR. JOHNSON:
2 G In the course of an Office of Investigations 3
review of allegations that were made by you, Mr. King and 4
Mr. Parks during the spring or winter of 1983, you were 5
interviewed, I think, by Mr. Ron Meeks, apparently at l
Jonestown, PA, on April 8, 1983, and you executed this draft 6 )
1 7
statement of 13 pages on May 10, 1983.
g Is that your signature?
9 A. Yes, it is. j 10 0 Does this appear to be the statement that I just 11 described?
12 (Document shown to witness.)
O 13 A. Yes.
14 G On page 5 of that statement you make -- a state-15 ment is attributed to you, and it says, "I remember somebody 16 telling me, even though I can't recall who, that GPU-N had 17 investigated King earlier concerning his association with 18 Quiltec and didn't find any conflict of interest at that 19 time."
20 Does that reflect information in addition to that 21 which you just described in answer to my previous questions?
22 MR. HICKEY: Say that again. Could you state your 23 question again?
24 BY MR. JOIINSON :
25 O In answer to my previous guestions you said that COMMONWE ALTH REPORTING COMPANY (717)761-7150
j9 l 60 1 it is your understanding, as reflected in your other state-l 2 ment, in your affidavit of April 2, that management had known 1 3 for some time about King and Quiltec.
l 4 I am just asking you now a different question; whether ;
5 this statement refers to that understanding that you got from 1 6 the discussions that you previously described here this 7 morning a few minutes ago, or does it refer to some other 8 information?
9 MR. HICKEY: I don't understand your question, 10 Mr. Johnson.
11 THE WITNESS: I'm.not sure I understand it either, 12 BY MR. JOHNSON:
13 0 Could you relate to me what you were referring to 14 in your interview with Ron Meeks of OI in this statement, in 15 which you say that GPU had investigated King earlier concern-16 ing his association with Cuiltec and didn't find any conflict 17 of interest at that time?
18 A. That was my general understanding, and I can't 19 recall the source of it.
20 MR. HICKEY: Can we mark that? Because you're para-21 phrasing the language, and he is looking at it and giving a 22 general answer. I think for the record to be complete, the 23 statement ought to be available with whoever is reading the 24 deposition.
25 MR. JOHNSON: Would it be satisfactory if he just had COMMONWEALTH REPORTING COMPANY (717)761-7150
i jl0 61
~
page 5? It's a --
)
,i MR. HICKEY: I've got an extra copy. Why don't we just mark it.
MR. JOHNSON: The whole 13 pages?
4 MR. HICKEY: Yes.
6 (Pause.)
MR. JOHNSON: Off the record.
7 3
(Discussion off the record.)
g MR. JOHNSON: Back on the record.
g I am now marking, as Gischel Deposition Exhibit 6, a g 13-page statement of Edwin H. Gischel, which reflects an
}
12 interview with Mr. Ron Meeks, or R. Meeks, of April 8, 1983, 13 in Jonestown, PA, which was executed as a sworn statement by 14 Mr. Gischel on May 10, 1983. f 15 BY MR. JOHNSON:
16 Q Mr. Gischel, this is the statement that we were 17 referring to before?
18 (Document shown to witness.)
19 A. Yes.
20 MR. JOHNSON: I will have it copied and mark it at 21 this time and put it in the transcript. )
22 (Whereupon, the document was marked as Gischel Deposition Exhibit No. 6 23 for identification.)
24 BY MR. JOHNSON: {
2r, G There has been a long hiatus since I first asked
- 1 l
COMMONWEALTH REPORTING COMPANY (717)761 7150 l
l J
l jll 62 q 1.
L f'T . 3 you the question, so I will repeatLit.
(-). l 2 Did you have:any knowledge of a GPU investigation of )
I b
L 3 King concerning his association with Quiltec at a time earlier 1 \
4 than the time of February _1983? I 5
A No. Other than what I have stated in here, I have l 6 no fu.ther knowledge of that.
7 % You:cannot recollect at this present time what you g were referring to then?
I g A. No.
10 G But since it is a sworn statement, you would say 13 today that at t, hat time it reflected --
12 A. At that time it reflected my best memory and -
13 information. ;
14 MR. JOHNSON: That's all I have. Ms. Woodhead has 15 some questions for you. Thank you.
16 DIRECT EXAMINATION i
17' BY MS. WOODHEAD:
18 G Mr. Gischel, do you have a copy of your April 2, 19 1983 affidavit that you can refer to? Do you have a copy 20 with you?
21 A. I don't think so -- wait a minute, maybe I do.
22 Let me see.
23 (Pause.)
h g,/ 24 0 Is that a copy you're holding in your hand?
25 A. That's what I'm trying to determine.
COMMONWEALTH REPORTING COMPANY (717)761 7150
)
jl2 63 I
All right.
(f. ~1 Q 2 A The April 8 affidavit?
l 3 G ..I believe it is April 2. Let me look at the back, !
l 4 the signature page.
5 A. This is not it.
6 0 It was signed April 2. That's.the only date I see 7 on it.
-g MR. JOHNSON: Why don't I show'him my copy,-if you 9 don't mind?
to MS. WOODHEAD: Yes.
11 MR. JOHNSON: Here's a copy, Mr. Gischel, if you would 12 like to look onLmy copy.
1.,-)'
13 THE WITNESS: All right.
(Document handed to witness.)
'14 BY MS. WOODHEAD:
15 G All right. What you have in your hand is an 16 affidavit that you signed on April 2, 19837 17 A. That's it.
18 0 If you would turn to page 15, I would like to ask l 19 you some questions about a March 23, 1983 meeting that you 20 discuss there. 1 21 (Witness perusing document.)
22 A. Okay. l 23 0 Before I ask you the questions, I would like to 24 show you a handwritten memorandum of three pages dated March 25 23, 1983, and ask if you can identify that document as --
COMMONWEALTH REPORTING COMPANY (717)761-7150 u_ 2 ____ _ __.__ o. __ _
jl3 64 l ' "') 1 A. Yes.
~-
} G -- one written by you?
2 3 A. Yes.
4 MS. WOODHEAD: We will probably want -- well, let's
,c, wait and see if we want to mark this later.
6 MR. HICKEY: I think that should be marked if you are 7 going to interrogate the witness about it.
g MS. WOODHEAD: All right. I was going to do so later, 9 but we can do it now. It would be No. 7.
m We will mark this handwritten memorandum of three i
11 pages as Gischel Deposition Exhibit No. 7; it is dated March 12 23, 1983.
(
) ;
13 (Whereupon, the document was marked as Gischel Deposition Exhibit No. 7 14 for identification.)
15 BY MS. WOODHEAD: 1 16 0 I will give you a copy to refer to at the moment.
17 (Document handed to witness.) !
18 (Witness perusing document.) )
i 1
B MR. RICHARDSON: I'm going to object to this. There )
l 20 is no foundation laid as to whether the witness needs his l l
I 21 memory refreshed on any particular topic, and, therefore, I j 1
22 object to the use of Exhibit 7 until that foundation is laid.
l l
23 MS. WOODHEAD: Objection noted. )
24 BY MS. WOODHEAD- l 25 Do you recall a meeting held on March 23, 1983, at G l COMMONWEALTH REPORTING COMPANY (7171761-7150 1
jl4 I 65 1
the TMI-2 site in the morning called to discuss a public l 1 l 2 statement to be presented by Mr. Parks? :
l 3 A. Yes.
l 4 G Do you recall the persons who attended that 5 meeting?
I 6 A. I would have to refer to this list on the notes :
7 here, and that list is not complete. There were other people a there, I believe, and that was the best I could jot down
)'
9 afterwards.
10 G All right. Could you --
11 MR. HICKEY: The list you are referring to is Exhibit 7 l 12 in front of you?
73
')j 13 THE WITNESS: Yes.
14 BY MS. UOODHEAD:
15 G Can you recall when you wrote this memorandum, 16 Exhibit 7?
17 A. Pardon?
{
18 G Do you recall when you made these notes on Exhibit 7? I i
19 A. It was either later in the day or -- I believe it 20 was later in the day. ,
1 21 G The same day of the meeting itself?
l 22 I believe so, yes.
A. j
{
23 In this memorandun, the handwritten remo, Exhibit 7, O )
8 24 you list 14 attendees besides yourself at the meeting. Could
{
25 you complete the list from your memory now as to who was there? .
l l
COMMONWEALTH REPORTING COMPANY (717)761-7150 l l
m_________.-__ __ _ _ _
l
I jl5 66
'~
1 A. No. There were many other people at the meeting. ;
L) '
2 I can't recall who all was there. j i
3 0 What makes you believe there were more people than j
4 the 16 or 17 you have listed in attendance? l l
l 5
A. Because it was a very large meeting and nost of the staff was gathered in there, all the seats were filled, there l 6
7 were people standing around the perimeter of the room, and I g didn't reconnoiter to try to ascertain who all was there. It 9 was simply, once I started jotting down my thoughts later, I 10 just put down a list of the major people I thought should be 11 noted as being there.
12 0 All right. When you say the staff was there, can 13 you define that term, what you mean by "the staff"?
14 A. Well, the staff is generally the entire organiza-15 tion other than the working level people, everyone in the 16 management and the engineering groups, and -- well, by 17 " engineering" I'm also referrina to operations and the main-18 tenance supervision and the entire supervisory organization.
19 0 So is it correct to say that everyone who had a 20 management or supervisory position would likely have been 21 there?
22 A. Would likely have been there. That is not to say 1
23 that everyone was there, but they all should have been.
24 0 I understand. So the people who were invited or 25 appearted to have been invited were all the people at TMI-2 COMMONWEALTH REPORTING COMPANY (717)761 7150
1 I
. 67 i
]l6 J l
j who had n.anagement positions; is that correct? !
2 A. Thai.'s correct.
3 G Do you have a recollection of approximately how 4 many people that might have been in March of 1983?
5 A. If I was to venture a guess, I would say that 6 there were probably on the order of 25 to 30 people in the 7 room at the time, and possibly more, s G Twenty-five to 30 people. So it would be correct 9 to say that anyone listed in a management position on the 10 TMI organizational charge might possibly have been invited?
11 A. Yes, that's correct. l 12 MR. RICHARDSON: Excuse me, Ms. Woodhead. You used the
--3 ! >
i
'~'
13 word " invited." It wasn't clear to me --
14 Mr. Gischel, could you tell us how people were invited 15 to the meeting? Perhaps you could start by telling us how you 16 were --
17 THE WITNESS: I believe my secretary told me when I f 18 came in that morning that there was -- either mv secretary or 19 Ron Warren, one or the other, said that there was a meeting 20 scheduled and everyone was to attend, I was supposed to be 21 there as well, and the time of the meeting was set, and we 22 gathered and it eventually started.
23 BY MS. WOODHEAD:
24 0 Did Mr. Warren attend along with you?
25 A. Yes, I believe he was there.
l l COMMONWE ALTH REPORTING COMPANY (717)761 7150 e_-____--___
i 68 1
1 O Anyone else from site engineering?
2 A Site engineering --
3 G I mean site operations.
4 A. Well, the management staff from site operations n would have been there, ves, but I can't sit and name indi- l 6 viduals who were there at this time.
7 MR. HICKEY: If you don't mind, what do you include in a the management staff of site operations? I understand you to 9 be saying you're not sure each one of these individuals was 10 there, but when you talk about the management staff of site '
11 operations, who did that mean in those days?
12 THE WITNESS: Well, the supervisory people, Dick 13 Sieglitz in maintenance, --
14 MR. HICKEY: You list Mr. Chwastyk; he would be one?
15 THE WITNESS: Chwastyk, site operations. Mr. King.
16 MR. HICKEY: I thought 1:r. King was suspended at this 17 time.
18 THE WITNESS: Okay. All of the Bechtel organization, 19 the site -- I can't recall just what they called their j 20 organization.
j 21 It was a large gathering.
l I can't recall exactly who 22 all it would have been.
1 23 BY MS. WOODHEAD:
24 Where was the meeting held?
0 25 A. In the administration building, I believe, in the COMMONWE ALTH REPORTING COMPANY (717)761 7150 )
jl8 69 conference room.
l 1 2 G Can you tell me who was sitting near you?
3 MR. HICKEY: If you were sitting.
4 THE WITNESS: I was sitting; I recall that much. But 5 I can't recall who was next to ne.
6 BY MS. NOODHEAD:
7 G You have no recollection of anvone --
8 A. No.
9 G -- within earshot of your seat?
10 A. No.
11 G Please describe where Mr. Arnold and Mr. Kanga
~,
12 were sitting in relation to where you were sitting.
)
13 A. Well, there was a table in the room which was 14 larger than this. I was sitting, I believe, about halfway 15 -- or perhaps right around in here, and I think Barton was 16 down on this side right there, and Kanoa was --
l 17 MR. JOHNSON: Excuse me. Because it won't be reflected -
18 in the transcript, where you are pointing, could you describe 19 verbally what the placements are?
20 TIIE MITNESS: As I recall, Barton would have been l
21 further down the table to my left. Kanga was either beyond
{
22 Barton or between myself and Barton; I can't recall which. !
1 I
23 Arnold was at the end of the table. I can't recall who was 0 24 around the rest of the table.
l
{
l 25 I
COMMONWEALTH REPORTING COMPANY (717)761-7150 4
j
419 70 i I
}
l l 1 BY MS. WOODHEAD 1
2 0 Would it be fair to say that there were no more l
3 than six or eight at the table?
4 MR. RICHARDSON: Objection; leading.
l l 5 THE WITNESS: My recollection is more than that. ;
1 6 MR. HICKEY: You indicated a bigger table than the 7 table here. For the record, I guess, it would be my estimate l
l 8 that the table that's here -- well, Mr. Gischel, you're a
)
9 better one to ask. How big is this table here, roughly?
l 10 THE WITNESS: This table here is, I think, about one-11 third of what we might have had there.
12 MS. WOODHEAD:
,m I see.
i a 13 MR. HICKEY: And this table is approximately what, 14 would you say, four feet across?
15 THE WITNESS: Three feet across and maybe seven or 16 eight feet long.
17 MR. HICKEY: And the table in the room where you were 18 attending the meeting was about three times this size, 19 approximately?
20 THE WITNESS: That is my recollection, yes.
21 BY MS. WOODHEAD:
22 Were most of the people who attended the meeting 0
23 seated around this table?
24 Those who could sit around the table were, A. No.
20 but my recollection is that there were many others standing COMMONWEALTH REPORTING COMPANY (717)761-7150
I L
j20 l
71 f
i around the perimeter of the room.
2 G I see. Was there any reason for certain peoole to i I
3 be seated at the table and others standing at the periphery?
4 A. Yes. Whoever came in the room and found a chair 1 5
sat; the rest of them stood.
r> G You said that you were seated near Mr. Barton and 7
Mr. Kanga and Mr. Arnold, somewhat near them.
g MR. RICHARDSON: Objection. That misstates his 9 testimony.
)
10 THE WITNESS: No, I wasn't sitting near them. They i
11 were down -- they were clustered at that end of the table, l
i
,-s 12 and 1 was down towards this end further. !
t l BY MS. HOODHEAD:
~'
13 14 G And you have no recollection of anybody else at i
15 the table besides Messrs. Barton, Kanga and Arnold? l 16 MR. RICHARDSON: Objection. I don't believe he said i 17 that. The question was never asked.
I 18 BY MS. WOODHEAD: ?
19 G Eo you recall anyone seated at the table besides 20 Mr. Arnold, Barton, Kanga and yourself?
l 21 A. I can't recall now who was seated and who was )
}
22 standing, and the best recollection I have of who was in the 23 room is contained in that handwritten note after the meeting. l 0 24 MR. HICKEY: Referring to Exhibit 7 there in front of l
l 25 you, right?
COMMONWE ALTH REPORTING COMPANY (717)761-7150 l
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j21 72
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3 THE WITNESS: This, yes. ',
2 ..
MR. HICKEY: Does it say '"Ef(libit 7" at the thp?
fI r b ,
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3 THE WITNESS: Exhibit' 7 ; correct. And that is t
\ '
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4 incomplete. , '} !
5 ,
BY 113. WOODHEAD:
/
6 0, In terms of the names of people at the [6hting d t' )
k, 7
is i!);omplete? i g A. That is correct. (, ,
.ik,-
t 9 0 I would direct your attention to your' Api L1 2, 1983
?
10 affidavig on page 15 at the bottom of the page, ar# continuing 11 to the tdp of page 16 --
,_s 12 MR. RICIIARDSON : Objection again. My objection is
/ )
t s
/
13 th'a,t this is an improper use of the document unless a founda-14 tion is laid that the witneer needs his memory refreshed.
15 Un'leb/4 that foundation is laid, it is improper to submit the 16 document to the witness. i,ti i
17 May I have a standing objection --
18 MS. WOODHEAD: Certainly.
19 MR. RICIIARDSON : -- so that I don't have to repeat 20 that objection?
21 MS. WOODHEAD: Right. I think you made that earlier 22 today.
23 BY MS. WOODIIEAD:
24 0 Mr. Gischel, I want to ask you abotit the statement
\
25 in your affidavit on the bottom of page 25 and at the top of COMMONWEALTH REPORTING COMPANY (717)761-7150 ,
4 %
^
1, j22 73 1
page 16, where you discuss the statement by Mr. Barton that 2
Mr. Parks should be fired -- this is during the March 23, 1983 3 meeting we 've been discussi.ng so f ar -- and a statament by 4
Mr. Kanga that Mr. Parks could not be fired because he was i 5 Protected by the Atomic Energy Act( and you attribute a i
6 statement to Mr. Kanga, which states that "%E" -- meaning GPU, 7 I assume, "could just transfer Paiks or put him on a leave of j g absence from us and then get rid of him quietly." l
./ ,$
3 Do you recall Mr. Kanga's making that statement at the 30 March 23 meeting? l 11 MR. RICHARDSON: Excuse me, I've got to object. That 12 is a compound question, the question is leading; it is a
)
la lawyer's characterization of a document which speaks for it-14 self.
15 BY MS. WOODHEAD:
16 G Mr. Gischel, do you recall Mr. Kanga making a state-17 ment at the March 23 meeting to the effect that Mr. Parks is should be transferred quietly?
19 MR. RICHARDSON: Objection; leading.
20 (Pause.)
21 BY MS. MOODHEAD:
22 G Ansue; the question.
23 A. Yes, I -- my recollection -- yes, I recall him 24 saying that or words to that effect.
25 G Let me refer you back to your handwritten memorandum COMMONWEALTH REPORTING COMPANY (7171761 7150 i
t_____ _
1:
23 74
)!
1 1
of March 23, and the second page,at the bottom of the page, --
(Witness perusing document.)
A. Okay.
, G -- and ask you to just read the very last portion t
of page 2, starting with "Kanga."
(Witness perusing document.)
6 A. Okay.
g G My question is why you did not make a note indi-g cating Mr. Kanga's statement about transferring Mr. Parks quietly later on in your handwritten meno, and yet you wrote it in your affidavit of approximately two weeks later, April 2, 12 1983? In other words, my question is: why is there no mention g
k-) 13 in your handwritten memo of the statement by Mr. Kanga about y transferring Parks, whereas there is in your affidavit?
15 A. Well, this was a --
16 G You are referring to your handwritten memo?
37 A. -- handwritten memo. I jotted down highlights of 18 what had transpired more as a memory hook type thing, and 39 later on when I prepared the other, I felt a need to go into 20 just a little more detail.
21 G I see. Diu you prepare your April 2 affidavit 22 with the help of this memorandum, or the handwritten note of 23 March 23?
24 MR. IIICKEY : That is Exhibit 7 to the deposition, right?
25 MS. WOODHEAD: Exhibit 7; right.
COMMONWEALTH REPORTING COMPANY (717)761 7150
j24 75 MR. HICKEY: It really will be clearer if you call it l 1 2 that.
3 THE HITNESS: Would you restate that?
4 BY MS. WOODHEAD:
5 Q Did you refer to your handwritten memo, Exhibit 7, 6 when you were preparing your April 2 affidavit?
7 A. Well, yes, I referred to not just the notes, but 8 as to my recollection of the event as well as the note. It 9 was in the same time frame.
10 Q During the March 23 morning meeting to discuss 11 Mr. Parks' upcoming statements, was it necessary for
-s 12 Mr. Arnold, Mr. Barton and Mr. Kanga to speak rather loudly?
13 Based on your description of the large group in the room, is 14 it your recollection that they were speaking in a -- was it l
15 necessary for them to speak in a loud voice in order to be 16 heard?
17 MR. RICHARDSON. Objection; leading, and vague and 18 ambiguous.
19 THE WITNESS: Am I to answer?
20 BY MS. WOODHEAD:
21 Yes.
0 22 A. I don't recall a great deal of noise. People were 23 surprised at the meeting. They vere sitting there kind of being 24 attentive, listening to what was going on.
25 I'm trying to visualize a group of 25 to 30 people G
COMMONWEALTH REPORTING COMPANY (717)761-7150
j25 76 that you previously enumerated being in the room, and the l 1 2
ease or difficulty in speaking to people in the room.
3 Was Mr. Arnold using a microphone?
4 A. Oh, no.
5 0 Can you describe from your vantage. point uhether 6 it was difficult or easy to hear statements by Mr. Arnold, 7
Mr. Barton and Mr. Kanga at the other end of the table?
l g A. I would say there was no difficulty in hearing the 9 statements. Everyone was -- it was a very unusual thing that jo was occurring. The people were very attentive and trying to l
11 understand what was going on. So there wasn't a lot of 12 secondary conversations, as I recall.
(,,)
13 0 So, in your opinion, would it have been -- anyone 14 at the table, at least, would have easily heard any state-15 ments by Mr. Barton, Kanga or Arnold?
16 A. That's correct.
17 MR. RICHARDSON: Objection; it calls for speculation 18 as to what other people heard.
19 THE WITNESS: All I can say is I heard it, and I was 20 sitting well down the table.
21 BY MS. WOODHEAD:
22 O Getting back to what you overheard Mr. Kanga say, 23 which is stated at the top of pace 16 of your April 2 affi-24 davit, about transferring Parks or putting him on a leave of 25 absence and then getting rid of him, --
COMMoNWE ALTH REPORTING COMPANY (717)761 7150 l
1 l j26 77 l
l l
l j
()
LJ 1 MR. RICHARDSON: Excuse me. There has not been any I' l
' l 2 testimony yet that that was stated by Mr. Kanga.
l 3 MS. WOODHEAD: Excuse me? I don't understand what l
l you're saying.
4 l
5 MR. RICHARDSON: You are mischaracterizing the prior l l 6 testimony, and I object on that ground.
- 7 BY MS. WOODHEAD
I s G Mr. Gischel, will you read your statement starting 9 with "Kanga said" at the top of page 16 of your April 2 to affidavit? Would you read it aloud?
11 A. "Kanga said we could just transfer Parks or put him j
,_s 12 on a leave of absence for a month and then get rid of him
)
13 quietly."
14 Is that an accurate representation of what you 0
15 recall Mr. Kanga saying at the meeting?
10 A. Yes.
17 0 What was the meaning of that statement, as you 18 understood it at the time?
19 A. I thought it was rather obvious that if there was 20 some clean way that they could just get rid of Parks, it 21 would happen (witness snapping fingers) right then, but since 1 22 that would evoke more problems, that they had to be very 23 careful about how it would happen, but it was a foregone con-8 24 clusion that he had to leave there.
25 0 So you believed that Parks would be ultimately COMMONWE ALTH REPORTING COMPANY (717)761 7150
j27 78 i
3 dismissed based on Mr. Kanga's conversation; is that correct?
g A. Yes.
3 G Do you know Mr. Parks' employment history after 4
this March 23 meeting?
5 A. Well, yes. I don't know what you're looking for 6 there. If you can be more specific, I can tell you if I know.
7 I, bviously, don't know all the details.
3 0 All right. Do you know -- I think the record will 9 show very clearly that Mr. Parks was suspended on, I believe, 10 March 24, if I'm not mistaken. Do you know anything about '
11 his employment after his suspension from the TMI-2 site?
12 A. Very little, if anything.
[, _ l
'~~'
13 0 Uhat do you know?
14 A. Well, I'm trying to wrack my mind. I guess all I 15 know is that he was transferred, I believe, somewhere south 16 and was there for a period of time, and I believe then I
17 terminated, but this is strictly secondhand information. I ]
4 I
18 don't have any personal knowledge of any of this.
19 0 Do you know who terminated him?
20 A. No.
I 21 G Do you know who he was working for when he was j 22 transferred?
23 A. I thought he was still with Bechtel, but I don't 24 know for a fact.
j i 25 G Assuming he was employed by Bechtel, in your {
l COMMONWEALTH REPORTING COMPANY (717)761 7150
79 j28 4
s lv ) 1 OP i nion, what relationship does that event have to this state- l 2 ment that you overheard by Mr. Kanga?
3 MR. HICKEY: I object to that question.
4 MR. RICHARDSON: The objection which I have is that l
5 it is vague as to what connection you're eliciting. There is '
6 no foundation -- if you are trying to elicit an opinion, there 7 is no foundation laid as to whether the witness has the a requisite expertise or personal knowledge on which to found 9 an opinion.
10 THE WITNESS: I have neither, and I have no opinion.
11 BY MS. WOODHEAD:
12 You have no opinion about the relationship of 0
7-)x
'~
13 Mr. Kanga's statement to Mr. Parks' subsequent employment 14 experiences?
15 A. My opinion I guess would be about the same as any-16 one else who has read the reports and so forth. I have no 17 personal knowledge of what was going on there. So my opinion :
I l
18 is only on secondhand information, and I could conclude based {
l 19 on that that it was a follow-on with what has been going on,
)
20 l but I have no way to verify that.
l 21 l O You said you had no personal knowledge of what was l
22 What do you mean by "there"? l going on there.
l 23 Wherever he was working at the time and what A. j l
W 24 relationship there was between he and Bechtel or he and the l 2r' I have no knowledge of that.
l people on site. I j
l l
COMMONWEALTH REPORTING COMPANY (717)761-7150 l l
j29 80 1 MS. WOODHEAD: I don't have any more questions.
l 2 MR. JOHNSON: I have no further questions.
3 MR. HICKEY: Could we take a brief break? I might 4 have just a question or two, but if we can ston for a moment, 3 and then I'll come back.
6 MR. JOHNSON: Off the record.
i 7 (Recess.)
8 MR. JOHNSON: Back on the record.
9 CROSS-EXAMINATION 10 BY MR. HICKEY:
11 Q Mr. Gischel, I have a few additional questions to 12 address to you. Since we were talking at the end about this 7,
13 meeting on March 23, let me begin with a few inauiries I have 14 about that subject, what you can remember about it.
15 When you went to the meeting on March 23 that we have 16 just been talking about, you were aware, were you not, that 17 Mr. Parks was going to have a press conference or some kind 18 of public release of a statement of complaints about the clean-19 up operation?
20 A. I didn't know that it had occurred. I was aware 21 that he was, I guess, preparing an affidavit or some sort of 22 complaint.
23 I didn't mean to suggest it had occurred. I mean G
24 his affidavit, I guess, had been released perhaps. But my 25 understanding is there was a press conference later that day COMMONWEALTH REPORTING COMPANY (717)761 7150
j30 81 f~ ; i of the 23rd, but it had not occurred at the time that you had q ,'
2 the meeting.
3 A. It had not occurred at that time; that's right.
4 G My question is whether you knew that it was going 5 to be happening sometime in the near future.
6 A At the time I heard, no. I was surprised that 7 morning of what had transpired.
8 G But you were aware that he had filed or was going 9 to file a complaint with the Labor Department concerning his treatment? l 10 11 A. Well, I heard that he was preparing something. I
,3 12 really wasn't privy to what his plan was and what course he f )
~
13 was going to pursue, f 14 G Mr. Parks indicates -- let me ask you whether you 15 have any recollection of Mr. Parks discussing with you on 16 March 10 that he had gone or was going to see the NRC that 17 day with regard to some concerns he had about Mr. King and l
18 Quiltec?
19 A I recall something to that effect, ves.
I 20 G tet me see if this will refresh your recollection {
k 21 at all. In Mr. Parks' affidavit, at page 45, -- do you have ;
l 22 a copy of it still there in front of you? f l
23 MR. JOHNSON: He was using mine, so I will give him ]
8 i
i 24 mine just to speed things up. i l
25 (Document handed to witness.) l COMMONWEALTH REPORTING COMPANY (717)761-7150 l
l
i l
l 1
j31 82 l
i 3
1 MR. HICKEY: Thank you.
L!
, BY MR. HICKEY:
3 G If you will look at the paragraph that begins, "On March 10, a Thursday," --
A. Right.
6 0 -- and read that paragraph just to yourself.
7 (Witness perusing document.)
1 g
A. Okay.
g Q Does that bring back to your mind the discussion
,g tnat you had with Mr. Parks on about March 10 regarding his g plan to go to the NRC?
12 MR. JOHNSON: Could we go off the record for a second?
/
n )
kl 13 (Discussion off the record.)
14 MR. JOHNSON: Back on the record. ,
in BY MR. HICKEY:
n; O Do you remember my question, Mr. Gischel?
17 A. I didn't hear it; I'm sorry. Could we have it is read back?
19 0 I can just repeat it. My question was whether, 20 having read that paragraph of Mr. Parks' affidavit, you now 21 recall having had a discussion with Mr. Parks on March l' '
22 about his plan or interest in going to NRC that day?
23 A. Yes, I recall him advising me of that, j 24 0 He says that he was asking your advice on whether i
n he should seek a special investigation. Do you recall giving )
COMMONWEALTH REPORTING COMPANY (717)761-7150
k
~j32 83 t
j [) 1 Mr. Parks your views about that?
v 2 A. I recall his asking my opinion on whether he felt 3 -- let me just kind of couch this a little bit. The discus-4 sion, as I recall, is: this thing is getting out of control, 5 and am I correct in my view of this? He advised me that he 6 felt a need to go to the NRC, that stronger steps needed to be >
7 taken than were being taken. I generally agreed with that a philosophy, with that viewpoint.
9 O Did he report back to you later that he had gone?
10 A. I believe he did.
11 G Who was in on this discussion that Mr. Parks had I i
,rs. 12 then advised you and Mr. Hrbac and someone else, another men-
/ 1 i !
13 ber of plant engineering?
14 A. I don't recall who the other person was.
15 Would that have been Ron Warren, perhaps?
G 16 A. It may have been.
17 The beginning of that paragraph you read refers to G
18 Mr. Parks wanting to discuss the Arnold-King conversation, and 19 I want to ask if you recall that Mr. Parks told you about re-1 20 ceiving a telephone call from Mr. King the night before where 21 Mr. King said Mr. Arnold had asked about Quiltec and Parks' 22 involvement with Quiltec?
23 A. Would you state the question again?
24 Surely. Do you recall that what Mr. Parks was G
25 discussing with you going to the NRC about was some questioning COMMONWEALTH REPORTING COMPANY (717)761-7150
j33 84 1
that Mr. King had had about Quiltec and Parks' involvement in 2
Quiltec?
r 3
A. I don't recall having any discussions about Quiltec.
4 I don't think I even knew Quiltec existed at that time. I 5 don't know when I became aware of Quiltec. I really wasn't 6
involved in that stuff. My concerns had nothing to do with 7
Quiltec and the Kind involvement in that area. Mine was g strictly related to the safety issues, as I saw them.
g G I understand that. What I'm sayii.9 to you is that jg my understanding is that Mr. Parks' discussion with you was
{
g) about Mr. Parks' concerns about the King-Quiltec investiga- j
, 12 tion, and I am asking if you recall that.
la A. I don't recall that. It may have been, but the 14 areas of discussion that stick with me is where we discussed i 15 the safety issues and what was going on particularly with the j 16 polar crane. That was paramount in my thoughts at the time.
17 0 Let me go back to the March 23 meeting, which is 18 where I began. You were aware that Mr. Parks was preparin 'n 19 affidavit, and you were aware that he had been to the NRC with f 1
20 some complaints; is that right?
21 MR. JOHNSON: Objection. He did say that he recalled 22 that he was preparing something, but he didn't know what it 23 was. He did not say --
24 MR. HICKEY: An affidavit. I'll strike the affidavit.
4 25 l l
COMMONWE ALTH REPORTING COMPANY (717)761-7150
l l j34 85 I BY MR. HICKEY:
2 O Mr. Parks was preparing some kind of a document, 3 is that right; that's what you knew or believed?
4 A. I'm really groping. I can't really say that I knew 5 that he was preparing a document. I knew he was very con-i e cerned and that he was preparing some sort of action. I didn't 7 know what it was for sure that I can recall. He may have 8 told me he was preparing an affidavit or he may -- we .lly i I
9 didn't have an awful lot of communication other than the 10 technical problems that we were both experiencing, and 11 administrative, of course.
12
-,s G Did you say "and administrative"? I just didn't
^
13 hear what you said.
14 A. Yeah. I guess more the administrative problems 15 resulting from the technical issues which we were so frustrated 16 with.
17 0 Were there people that were at the March 23 meeting 18 that you saw who were taking notes of the meeting?
19 March 23rd; that's --
A.
20 0 The big room meeting that we've just been talking 21 about.
22 A. I really didn't pay any attention if anyone was 23 taking notes.
24 G Did you take any notes while you were in the 25 meeting?
COMMONWEALTH REPORTING COMPANY (717)761-7150
j35 86
~
3 A. I don't believe I took notes during the meeting.
(% )'t 2
I think the notes I jotted down were after the meeting. I'm 3 quite sure they were.
4 G Did you take anything to the meeting with you, 5 Mr. Gischel? j 6 A. I don't believe so. I may have taken a pad. I 7
generally always take a pad with me when I go to a meeting, g but I don't think I wrote anything down during the meeting. l 9 G Do you recall any particular reason for not taking i
1 jo any notes during the meeting? l 11 A. I was kind of aghast at what was transpiring. I rs 12 wasn't expecting it. I was listening to what was going on, l )l
+
13 and my head was kind of going back and forth. I was just 14 paying attention to what was going on. It was after I got 15 back to my office that I thought: gee, this is rather pro-16 found and I think I ought to jot down a few notes, and so I 17 did.
18 O Because you were impressed with the significance of 19 what you heard in the meeting?
20 A. Yes.
21 Q Did you think it might have importance down the i 22 road? !
23 A. Yes, but I didn't expect it to get to the point 24 that it did eventually. I was hopeful at that point, as all 25 along, that things could have been contained and we could COMMONWEALTH REPORTING COMPANY (717)761 7150 w---__.
j36 87
\
(~ } 3 have come up with some adequate resolution to the problems. I L) 2 O If I understand what you're saying, when you left 3 the meeting on March 23, you were not planning to prepare an 4
affidavit, which you later did prepare and file on April 2, 5 is that what you're saying? f A. I never really -- I began preparing that affidavit i 6
7 -- I don't even recall when I began preparing it, but I really l 1
g didn't want to file that affidavit, but I felt that I was l
9 being pushed into a corner and I had to file it to protect rv ;
10 own interests.
I 0 Your memorandum transmitting your April 2 affidavit, 33 12 which I think is there in front of you, says that you pre-I'"1 13 pared it the week before. Does tha'c sound right?
14 A. Yes. I was working on it for a period of time.
15 0 Where did you go when the meeting was over; do you 16 recall?
17 A. I think it was back to my office.
18 G Did you have a meeting with two gentlemen named 19 Mr. Lowe and Mr. Griebe on March 23?
20 A. I did have a meeting with them, and I don't recall 21 exactly when it was; yes.
22 O I suspect that there is a record of the meeting.
23 You do remember the meeting; you're just not sure which day it 24 was?
[ 25 A. Yes.
COMMONWEALTH REPORTING COMPANY (717)761-7150 l
-j37 88 3
G Can you place the meeting with Mr. Lowe and .
2 Mr. Griebe in reference to this March 23 morning meeting we've 3
just been talkina about?
4 A. It seems to me it was after the morning meeting, ,
5 but I don't know if it was the same day or not. It may have been.
(. 6 7 G What was the purpose of your meeting with Mr. Lowe g and Griebe? (
l l
9 A. As I recall, it was to -- they wanted to interview ,
me with respect to some of the technical issues that I was l 10 1
11 concerned with to get a better understanding of my perspective 12 of where I thought we were going wrong.
O 13 0 These gentlemen were people with some technical 14 expertise; is that right?
15 A. Supposedly, yes.
la O And you did meet with them at some point?
17 A. Yes.
18 G Do you have any recollection of about how long your 19 meeting with them was? Are we talking about a matter of an 20 hour or two, or longer?
21 A. It seems to me -- I'm really groping, but I think 22 it was longer than that. I think it was the better part of 23 the afternoon, or morning, wnichever case it was.
24 G Did they appear to be interested in listening to 25 what you had to say?
COMMONWEALTH REPORTING COMPANY (717)761-7150
I-f j38 89 1 A. I thought so at the time, but nothing seemed to l 2 come of it, so --
G Do you recall whether you made any comments to l 3 I 4 Mr. Lowe or Mr. Griebe about the occurrences in the March 23 5 morning meeting that you have just been describing here?
c A. I don't recall what transpired, really, in detail, 7 any of the details of Griebe and Lowe, except that I do re-8 call that I told them just everything that I could think of 9 of what my perception was.
10 G I am trying to focus you a little more specifically 11 than that, if you can. Do you remember whether you told ,
12 Mr. Lowe and Mr. Griebe anything about the morning meeting
,._3
?
s ~~' /
13 with Mr. Kanga, Mr. Arnold and Mr. Barton that you've just 14 been talking about?
15 A. I don't remember whether I did or not. j 16 Specifically, can you recall telling Mr. Lowe and G
17 Mr. Griebe about the statement that you have attributed to 18 Mr. Kanga about Mr. Parks being gotten rid of quietly?
)
19 A. I don't recall.
20 I 0 I think you testified that you believed Mr. Warren 21 accompanied you to the March morning meeting; is that right?
22 A. I believe so, but I can't really swear to that.
23 Exhibit 7, your handwritten notes that refer to the 0
24 I March meeting -- it is here in front of you -- where did you 25 prepare those?
COMMONWE ALTH REPORTING COMPANY (717)761 7150
j39 90 A. I am not entirely sure if I prepared them in my 9 '
office later that day, or at home.that evening. I don't f
{
2 1 recall.
3 G Do you recall whether you had any discussions with 4
anyone about what happened at the meeting, why you were pre-paring the notes of the meeting?
A. I don't recall. I don't think so.
7 G Specifically, for example, did you talk to Mr. Warren to confirm your recollection of events in the meeting?
A. I don't remember, but that's not to say that I 12 might not have.
's /
33 0 What did you do with those notes after you wrote 34 them down either that night at home or later in the day at 15 the office, Exhibit 7?
16 A. I think they were a part of the package of informa-37 tion which the NRC Investigations, Office of Investigations, 18 whatever, Ron Meeks' organization, when they came out to the 39 house investigating my concerns, this is part of the informa-20 tion which I went over with them.
21 O You are correct that Mr. Meeks is part of the NRC 22 Office of Investigations. You have the right individual.
23 In fact, there were two people that came to your house, 24 weren't there, Mr. Meeks and his colleague, Mr. Vorse? Do 23 you remember that? '
COMMONWEALTH REPORTING COMPANY (717)761-7150
j40 91-1 A. Yes, there were several folks; yes.
l 2
0 More than that?
A Yes.
3 4 G Do you remember who any of the others were?
5 A I w uld probably recognize the names if I heard 6
them.
7 0 Mr. Walker?
j g A. Walker. I don't think he came to my house. t 9 G Mr. Ward?
( 10 A. But I did discuss with Mr. Walker -- he was the l
33 heavyset fellow, I believe; was he not?
l l 12 G I don't think I know what Mr. Ualker looks like.
l 13 I just know his name.
l 14 A. I think he was helping prepare the office of 15 Investigations report.
i 16 0 Yes.
17 A. And did a lot of the investigation work out at the l
18 island. I had discussions with him out there. I don't recall 19 him being to my house.
20 G Let me focus on the visit to your house, because 21 my understanding is that on April 7 and April 8, Mr. Vorse 22 and Mr. Meeks came to your house and discussed with you what i
I o3 information you had to give them. Is that right?
24 A. They were out there, yes. I can't --
25 0 You're not sure of the date.
1 COMMONWE ALTH REPORTING COMPANY (717)761-7150 i --- ___ _ _ - _ _ _ _ - _ _ _ - _.
l d
j41 1 A. -- recall exactly what the date was.
l' 2 0 I'm trying to find out whether there were other 3 Office of Investigations people in the group that came to l 4 your house with them?
5 A. It seems to me at one time there were three people, q 6 but I can't recall exactly when that was or who they were.
7 g Did they talk to you for a substantial period of 0
g time on those two days? You don't remember the dates, but -
,1 9 assuming it was the 7th and the 8th.
10 A. I believe th'ey did, yes.
11 0 Did they record their discussion with you in some 12 fashion?
O 13 A. Yes. There was a set of notes which -- out of 14 which was developed a statement, a supplementary statement, if 15 that's what you're leading to. It was developed as a result 16 of discussions we had. .,
17 I was wondering while they were there talking to 0
18 you, were they taking notes or was there a tape recording 19 being made or any other recording?
l 20 A. I don't recall any recording, but I believe that 21 -- I believe there were notes taken, but I can't say for sure.
22 Did you give Mr. Meeks or Mr. Vorse a copy of your 0
23 notes of the March 23 meeting, which is Exhibit 7 in front of 24 you?
l 25 A. I believe I did.
COMMONWE ALTH REPORTING COMPANY (717)761-7150
{ _ _ _ _ _ _ _
j42 93 l
l 1 G Did you describe for them the circumstances about l
2 when you made the notes and so on?
l 3 A. Yes.
4 G Now, you have seen what has been marked, I believe,
( 5 as an exhibit, your statement which came out of that interview l with Mr. Meeks, and it was dated April 8, but it was signed 6
l 7 by you about a month later on May 10. This is being marked
(
8 as Exhibit -- .
l l
9 MR. JOHNSON: 6.
10 BY MR. HICKEY:
1 1 11 G -- 6.
I 12 (Document shown to witness.)
O 13 A, yes.
i 1
14 G When did Mr. Meeks or Mr. Vorse come back to you 15 with the statement that they had prepared as a result of 10 their interview?
17 A. Oh, boy. I don't know -- I thought they had 18 brought the draft back to me in -- and my memory is the best 19 I can do. I think they brought the draft back and dropped 20 it off and left it with me to spend some time with to make l
21 l sure that it reflected the information we discussed.
22 And did you go over it and make corrections or O
l 23 changes?
l.
24 A. Yes.
25 Then what did you do with it? Did you give it G
COMMONWEALTH REPORTING COMPANY (717)761 7150
j43 94 back to them so it could be retyped?
l 1 2 A. Well, I think they marked it. We just made the 3 notations, as I recall, in the -- is it here?
4 MR. JOHNSON: I took it back; I'm sorry. Here.
5 (Document handed to witness.)
6 (Witness perusing documents.)
7 BY MR. IIICKEY :
8 G I didn't realize that you have a pile of papers 9 with several documents here. This document at the first is to your affidavit. What I was asking you about is this document, 11 which is your statement. It is dated on the front April 8, 12 and it is Exhibit 6 to this deposition. You will see where
- s.
)
x '~/
13 it is signed on the last page, it is signed May 30 at 8:52 p.m. ;
14 right?
15 A. Yes.
i 16 0 My question to you was: how did that statement 17 come to be? And I think you told me that they brought you a 18 draft, and that you reviewed it. They asked you to go over j 19 Is that right?
it and make corrections and so on.
I 20 A. As I recall; yes.
I 21 g What did you do with it after you made the 1
22 corrections? l l
23 A. When they came back in - I didn't make these !
24 These corrections were printed in by Ron Meeks corrections.
25 based on a further discussion in reviewing his typed up COMMONWEALTH REPORTING COMPANY (717)761 7150
I j44 95 material; and I initialed them and signed the statement and 1
l 1 2 had it notarized.
3 0 In the course of preparing the statement, did you 4 have several visits from Mr. Meeks? You're describing more 5 than -- f 6 A There were several visits from Mr. Meeks, but I 7 have difficulty now remembering the chronological events and I
8 the purpose of the visits. ;
9 0 Did you take any notes during your interviews with ;
10 Mr. Meeks? f 11 A. No.
's 12 0 After Mr. Meeks left, did you jot down notes about
. ?
us 13 the events?
14 A. I don't think I did, because he had kept notes, as 15 I recall it, and it was to come together in this. I don't 16 believe I put down any notes of our discussions.
17 G Did he give you a copy of his notes?
18 A. I don't recall. I don't think so.
19 0 Did you give Mr. Meeks other documents besides this 20 Exhibit 7 that we've identified?
l 21 A. Yes. {
l l
22 Can you describe what the other documents were?
G 23 A. Well, they didn't relate to the Parks issue.
24 0 Can you describe them in general?
25 A. In general, they dealt with the issue between l l
COMMONWEALTH REPORTING COMPANY (717)761 7150
j45 96 3
Mr. Arnold and myself and Mr. -- I think my memory jumped the 2
track -- Kuhns relative to the neuropsychological evaluation i
3 which they were trying to back me into taking.
4 G Okay. But you didn't give him other documents 5 related to Mr. Parks besides this Exhibit 7?
6 A. To the NRC?
7 G To Mr. Meeks; yes. Or other NRC people, yes; not 8 just Mr. Meeks.
9 A There were copies of the memorandum which we were to looking at here, and possibly some others. I don't recall 11 specifically which, but they related to what was going on
, 12 there with regard to the polar crane and the Parks issue.
!) 13 Whatever information that I felt pertained to my situation, I 14 think I gave them copies of.
15 0 Was part of the discussion at the March 23 meeting 16 with this large group in the room that you have described 17 related to the interest of the Udall committee in possibly 18 inquiring of some TMI witnesses about facts related to the 19 accident?
20 A. Yes.
l 1 21 G That was discussed at the March 23 meeting?
1 22 A. I believe that's when it was, yes.
23 About how long did that March 23 meeting last? l G
l 24 A. It seems to me it was somewhere between a half-hour l
25 and an hour. j l
l l COMMONWEALTH REPORTING COMPANY (717)761-7150 i
L_____________
j46 97 1 G Are you able to estimate about how much of the 2 meeting related to Mr. Parks, and about how much of it re-3 lated to this Udall committee subject?
i 4 A. It was primarily related to Parks, and the Udall 3 thing was just kind of a side issue on the Parks subject.
6 G Nhen the meeting concluded, did you have discus-7 sions with any of the people there who had been in the meet-g ing about the subject matter of the meeting?
9 A. At this point I can't recall, but I suspect that I 10 probably did. j 11 0 Do you have any recollection of who you may have 1
12 spoken to? {
1
/
13 A. Probably Ron Warren, but I don't recall ;
14 specifically.
l 15 G Do you have any recollection of whether your dis-10 cussion after the meeting would have included reference to the 17 comments that are jotted down in your notes that are Exhibit 71 J I
18 A. I really can't remember. I'm sure that after such l l
1 19 a meeting -- I can't remember, but it would have been normal l 20 for Ron Warren and I to sit down and regurgitate the meeting l
21 and what was going on.
22 G Mr. Warren, I take it, was your closest working 23 colleague; is that right? 1 24 A. Yes.
25 G And it was your practice to discuss events related f COMMONWEALTH REPORTING COMPANY U 17) 7617150
j47 98 3
to work with Mr. Warren?
A. Yes.
2 3
0 And, for example, the Exhibit 5 that was shown to 4
you earlier about your May 4 notes of your discussion with 5
Mr. Warren regarding a meeting he attended, that was a common g experience for you and Mr. Warren to hash over meetings, if I l 7
can use that expression?
i g A. Yes. I g G Did you do that typically with other people in the 39 site operations --
l
);
A. No.
12 0 -- or plant engineering departments?
,_s '
13 A. No.
14 0 He was your major confidante?
15 A. Yes.
16 G Did you have any kind of staff meeting or gathering 17 of your employees to relate to them what had been disclosed at 18 the March 23 meeting?
19 A. I believe I did, but I really can't remember at l 20 this point.
1 21 0 Do you recall whether one of the purposes that was 1 22 expressed at the March 23 meeting was for the managers to 23 disseminate this information to their employees so that rumors 24 wouldn't be --
'15 A. I believe that's true.
i
, f 1
COMMONWE ALTH REPORTING COMPANY (717)761 7150
______________-_____-___-__________-___-____a
j48 99 0 If there was such a direction given, normally you l 1 2 would be the one who would hold such a staff meeting for your 3 employees?
1 4 A. Yes.
5 G Did you say your staff was about 60?
l 6 A. Yes.
7 G But you don't have a recollection of actually hold-8 ing a staff meeting to pass on this information?
9 A. I don't recall, but we would not have had 60 people 10 at the meeting. The 60 people that were on my staff, a lot of l
11 those were field people, chemistry-type people and so forth, 12 so a staff meeting to me would have been bringing in the four 1
13 lead people who worked for me, and perhaps the engineers who 14 were located in the building with us.
15 I see. Who are the four lead people you're talking G
16 about?
17 A. It was Pon Warren, Cary Harner, --
18 MR. JOHNSON: What was the name?
19 THE WITNESS: Cary Harner. He was in charge of the 20 chemistry people. And -- oh, boy, there goes my memory again.
21 Do you have some names you could help me with here, the l W two other people?
23 BY MD. HICKEY:
24 I've got a September 1, 1982 organization chart 0
25 which I am showing you. It is Exhibit No. 1 to the Chwastyk COMMONWEALTH REPORTING COMPANY (717)761-7150
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2 (Document shown to witness.)
3 A. Hoffstetter, Ken Hoffstetter. Ed Mummert. And 4 that would have been the four.
5 O Hoffstetter, Mummert, Ron Warren and Cary Harner; 6 right?
7 A. That's correct.
) J >
3 G So typically, if you had a staff mdeting,to pnss on this information, '
,be the people ycu would call 9
those wou)N A 10 in, plus the plan engineers whose offices were in your area' 11 or building? ,
12 A. Right.
I' '~
13 0 Was there a record that was typically kept of staff 14 meetings like that?
15 A. Not just of the nature where we passed out just 16 general information. If there was business conducted of a 17 technical nature that needed to be documented, we would keep a 18 record, but not for that type thing.
19 (Pause.)
20 THE WITNESS: You know, the more I thimk about it, the i /
21 more I think there is a possibility that I may not have 22 written those notes of that staff meeting immediately after 23 the meeting. It may have been a couple days later.
8 24 BY MR. HICKEY:
25 Why do you say that, Mr. Gischel?
G COMMONWEALTH REPORTING COMPANY (717)761 7150
~_.
l i
j50 101 l f ') 1 MR. JOHNSON: I'm sorry; which staff meeting so we're LJ 2 clear what you're talking about?
3 THE WITNESS: The meeting where they announced the i
4 Parks issue, j 1
BY MR. HICKEY:
5 l
6 O The meeting that is reflected in Exhibit 7 --
]
7 A. Yes. (
8 G -- in front of you?
{
l i A. I may have jotted those notes down several days ] 1 10 later, f
11 O What makes you think that now?
12 7-A. The more I think about it, the more I think that i
)~
13 was about the time that I began feeling a need to start keep-14 ing some personal records of what was going on, because it 15 really started looking kind of nasty.
I6 MR. RICHARDSON: Just to make it clear, by " notes," you 17 are referring to Exhibit 7?
18 THE WITNESS: Yes.
19 BY MR. HICKEY:
20 0 Do you remember if there was a particular incident 21 that made you think you oucht to start keeping notes?
22 A. I'm trying to think. I can't think of an incident, 23 I think, as much as a feeling of the really deepening serious-24 ness of the situation.
20 l MR. JOHFSON: Could you explain what you mean by l
COMMONWEALTH REPORTING COMPANY (717)761-7150
I j j51 l 102 1
I f']
w./
3
" situation"?
2 THE WITNESS: Well, the whole issue, you know, began 3 with the divergence here of where the technical people, like 4 myself and Parks and o,hers, and my staff, felt it was a 5 problem and where the rest of the organization seemed to be 6 going. I couldn't see any light at the end of the tunnel, be-7 cause I knew that eventually this all had to come back and g pass through us, so whatever they were building there, we 9 eventually had to take responsibility for it.
to BY MR. HICKEY:
11 0 "Whatever they were building there" referring to
,, 12 the polar crane?
()
13 A. The polar crane and other issues. There were many 14 other issues very similar to that going on where the rules 15 were being bent or ignored, and we were going to be asked to 16 jcin in with that at some point in time. The administrative 17 requirements were clear that we had to be the guys to sign up 18 for it.
19 G And Mr. Parks' complaints related to what he per-20 ceived to be violations of those administrative requirements; 21 isn't that right?
22 A. Yes; yes.
23 G By March 23, or shortly thereafter, do you know 24 what the status was of action with regard to Mr. Parks' 25 complaints about non-compliance with administrative procedures?
COMMONWEALTH REPORTING COMPANY (717)761-7150
j52 103
} 1 A. I could see from my own situation that we really 2 weren't gaining anything; we were, as a matter of fact, fight-3 ing a losing battle.
4 0 I think it is ambiguous when you refer to "my own ,
1 5 situation," because I'm not sure whether you're talking about 6 what you referred to earlier, the discussion you were involved 7 in with Mr. Arnold about your neuropsychological examination.
8 Is that what you're talking about when you say your own 9 situation? '
10 A. Well, yes, and my situation -- two things there.
11 One is the personal side of it, which was that; the second )
12 was the professional side of it, which is where I didn't feel
/
13 I was able to communicate to my superiors the fact that I was 14 getting backed into a corner; there were things going on which M were contrary to the requirements, and that by law I was i M required to sign up for these things and signify that they 17 were okay.
B But my question to you was whether you knew, as of G
U March 23, what the status was with regard to resolution of 20 Mr. Parks' administrative concerns about the polar crane.
2I A. Did I know before March 23?
22 On March 23, did you know what the status was G No. !
23 of Mr. Parks' polar crane concerns, how much they had been 24 resolved, or whether they had been resolved?
25 A. My understanding is that they had not been resolved.
COMMONWEALTH REPORTING COMPANY (717)761-7150
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L,'
i G Where did you get that understanding?
2 A. Just by ongoing reports by my people and varicus 3 discussions and what was going on with me personally on the 4 polar crane issue.
5 G Mr. Parks had raised a concern about the appli-6 cability of two administrative procedures to the polar crane; 7 is that right? j l
g A. I believe so; yes. l 9 G Do you know whether that issue was resolved by to March 23?
11 A. I don't know if there was any resolution to it, but 12 I'think that his concerns were -- well, I shouldn't character-13 ize that as -- I know that what was going on with the polar 14 crane was not according to the requirements. Whether his 15 memorandums addressed the full issues or not, I can't recall.
10 G I know, but my question to you is to try to make 17 you focus a little more specifically on Mr. Parks' concerns.
18 Were you aware on March 23 whether Mr. Parks' concerns 19 about the polar crane had been resolved or not? And you may 20 have known, or you may have not known, but I am just trying 21 to find out.
22 A. My understanding is that they had not been.
23 G And you got that understanding from where?
24 A. It was juse a general sense of what was going on 25 in the administrative :rena in general.
COMMONWE ALTH REPORTING COMPANY (717)761 7150 q
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l j54 105 1 0 Do you know whether by March 23 the OA Department V) 2 had stated that the administrative procedures would be applied l 3 to the polar crane load test?
4 A. I know that my involvement with the QA Department, 5 they were vacillating all over the lot. ,
O G But can you answer the question that I asked you?
7 A. Ask it again, please.
8 MR. HICKEY: Will you repeat the question for the 9 witness, please?
10 (Whereupon, the reporter read from the record, as 11 requested.) )
12
,s
,_ THE WITNESS: I recall something to that effect happen-
~'
I3 ing, I mean a statement to that effect, or a memorandum or 14 something to that effect.
1 15 BY MR. HICKEY:
If' Do you know whether the test --
G l 17 MR. JOHNSON: Excuse me. Were you finished with your B answer? I don't think he was finished. l W MR. HICKEY: I'm sorry. I thought you had finished.
20 I wasn't looking at you. I didn't hear anything more, so I 21 asked my next question.
22 BY MR. HICKEY:
23 l 0 Had you finished?
24 A. No, I hadn't. I really hate to continue, because l 25 what I have to say isn't pleasant, but to the best of my l
COMMONWEALTH REPORTING COMPANY (717)761 7150
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'"', i understanding, even with what the OA-QC people, or QA people, J k 2 particularly, had -- the course that they were taking was not 3 going to resolve the issues.
4 G The issues of the applicability of the administra- j 5 tive procedures to the polar crane load test?
6 A. Yes. tiot only the applicability of it, but our 7 whole administrative ability to recertify the crane. There g was so much conflict there.
9 G You had a representative on the Test Working Group, to did you not?
11 A. I believe we did.
,, 12 G You're not certain?
13 A. I can't say for certain anymore at this point.
14 There's been too much water over the dam.
15 The reason I am hesitant on that is because, generally 16 speaking, Rick Parks was the site operations representative on 17 the Test Florking Group, and for issues relating to the polar 18 crane, I had been specifically told to stay out of it, and I 19 can't recall exactly --
20 G Been told to stay out of what?
21 A. The polar crane issues.
, 22 G I am asking you about the Test Working Group and 23 whether plant engineering -- that is your derartment, right?
24 Jen I confused?
25 A. Yes, plant engineering is my department.
COMMONWE ALTH REPORTING COMPANY (7171761 7150
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j56 107
~} 3 G Did plant engineering have a representative on )
)
2 the Test Working Group? l l
3 A Yes, we did.
4 0 The Test Working Group was considering the polar i
5 crane, was it not, in March of 1983? l I
g A. It was, but I don't think we had a representative 7 -- I am groping, but I don't think we had a representative i
g that was involved in the polar crane issues.
1 g G Who was the plant engineering representative on j i
jg the Test Working Group in March of 1983?
33 A. I really can't recall at this point. ;
12 G Well, at any time? Did you have a usual represen-
)
i/
13 tative on the Test Working Group from plant engineering?
14 Wasn't it Mr. Warren?
15 A. I believe it was, yes.
In G Was Mr. Warren inform 4ng you about what was being 17 decided at Test Working Group meetings?
l 18 A. He kept me informed of what was going on, yes. 1
\
19 G Did he tell you what had been decided about the 20 applicability of administrative procedures to the polar crane 21 load test at the TNG meeting of March 4, 1983?
22 A. I can't specifically recall it. Can you refresh 1
23 my memory with what had been decided?
24 0 Well, we have the minutes, I think, but I can {
i j t5 summarize it for you to say that I think the minutes reflect l !
COMMONWEALTH REPORTING COMPANY (717)761 7150
j57 108 i that there was a decision that the polar crane load test G
2 procedure would be conducted in accordance with and formatted 3 to comply with Administrative Procedure 1047.
4 MR. JOHNSON: We have a copy of that.
5 BY MR. HICKEY:
c Q Were you aware of that?
7 MR. JOHNSON: One second. Let me show --
g THE WITNESS: I don't recall if I was aware of that 9 decision or not, but what I was aware of is what they were i
10 planning to do -- you see, what they say and what they do is 11 not necessarily the same thing. That's where I was running
, 12 into problems.
/s) 13 3Y MR. HICKEY:
14 What was who planning to do?
0 What are you talking 15 about? -
16 A. The retests of the polar crane.
f l
17 Yes. And someone was planning to do something?
G j l
18 A. Yes. They were planning to test the polar crane l 19 without proper certification of the modifications that were 20 mado to it, and they were also planning --
1 1
21 0 Excuse me just one minute; I -- j 22 l MR. JOHNSON: If you would let him finish his answer, l l
23 I think it is appropriate. l 0 24 MR. HICKEY: I would liKe to ask the witness if he would l
l l
25 try to respond to the question that I have asked, because we j l
COMMONWEALTH REPORTING COMPANY (717)761-7150
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(~') I were talking about the applicability of some administrative
~ )
2 Procedures to the polar crane load test.
3 BY MR. HICKEY:
4 G And I am trying to find out whether you knew or 5 didn't know that that had been decided by March 23.
6 A I can't really say for sure one way or the other.
7 0 If you don't remember, you don't remember.
8 A. My recollection is not -- I don't remember.
9 G We embarked on this discussion because you recalled m that perhaps it had been several days after the March 23 meet-11 ing that you wrote down the notes that were Exhibit 7; and I 12 was trying to find out what prompted you several days after
,.s, i 'u 13 the meeting to write down the notes. You gave me an answer 14 that referred to something that I didn't understand very 15 specifically about your personal situation.
16 I might ask you one specific question, and if you can 17 answer it, I would appreciate it.
18 Do you remember some event that happened after March 23 D that made you say to yourself: I better write down some notes?
20 MR. JOHNSON: That was asked already and answered 21 already.
22 Well, I was --
MR. HICKEY:
23 THE WITNESS: I can't remember a specific event. I 24 think it was just a general overall feeling of where thir.gs were going.
25 MR. JOHNSON: Off the record.
(Discussion off the record.)
COMMONWEALTH REPORTING COMPANY (717)761-7150
k2 110
\ MR. JOHNSON: On the record.
w) 1 2 BY MR. HICKEY:
3 Q You previously indicated I think, Mr. Gischel, that 4 You prepared an affidavit which you have referred to several 5 times, relating your concerns about various situations at l
6 Three Mile Island, and it was dated April 2, right? I think
_ 7 it may still be there in front.of you.
?
8 8 And'I believe you recalled that you had been preparing 9 it over the course of the week proceeding, at least according 10 to the note that was on the front of it. Does that sound 11 right?
g 12 A Yes, that's correct.
) 13 Q Did you prepare several drafts of the affidavit in 14 the course of writing it up?
15 A Yes.
16 Were you doing this at home in the evening?
Q <
17 A Yes.
18 Where did you get the affidavit typed, finally?
Q 19 Gosh, I can't remember. It seems to me that I had A
20 it done down in Middletown -- I can't recall.
23 Did you retain the drafts of the affidavit that you Q
22 prepared?
23 A No.
24 Before April 4, which is the Monday I believe on Q
l 25 which you delivered the affidavit which had been signed on l
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i 1 Saturday the 2nd, before April 4 when you delivered the t
2 affidavit to Mr. Arnold, did you have occasion to speak to Mr.
3 Tom Devine, a lawyer with the Government Accountability 4 Project?
5 A Yes, I did.
6 Q In person, or by' phone, or both?
. 7 A Both.
t I 2 Can you tell me when? I s Q 9 A I spoke with him on several occasions. I can't 10 remember the exact days.
11 Q Did you discuss your affidavit which you were e'3 12 preparing with him?
G 13 A Yes, I did.
14 Q Did you show him drafts or discuss the contents of 15 the affidavit?
16 i A Yes, I did.
17 Q Did he make suggestions for the way in which you 18 might state the things in your affidavit?
19 A There were some things that he suggested that I '
20 didn't put in the affidavit because they were inflammatory, 21 I guess. But other than that, I don't think there was very j 22 ' much. I was rather distraught at the time, and I guess I bled 23 on the paper a little harder than would have been productive.
8 24 Q Did you show Mr. Devine the notes you had taken of 1
j
.I 25 the March 23 meeting, Exhibit No. 7, in front of you? l l
COMMONWE ALTH REPORTING COM PANY (717)761-7150 ?
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) 1 A I don't recall.
2 Q Did you discuss with Mr. Devine the March 23 3 meeting?
4 A Probably, but I don't recall it specifically.
5 Q I think you said earlier, and just correct me if I C am wrong, you used the notes, Exhibit No. 7, of the March 23
_ 7 meeting in preparing your affidavit discussing that portion O -
8 of it?
9 (Witness nodding affirmatively.)
10 Q Yes?
11 A Yes.
1 12
/'-} Q You also had a meeting at some point, as reflected s/ ,
13 in Exhibit No. 1 of your deposition, with a representative l
" l of the United States Department of Labor, whose name is Mr. 1
(
4 15 Feinberg. I don't have his first name. Do you remember Mr. l I
"' Feinberg? )
17 A Yes, I do. l 18 Q And this Exhibit No. 1 is a statement. Am I
- correct that that is Mr. Feinberg's handwriting? I l
20 A Yes, it is.
I 21 Q And it says it was taken at your home on April 28, 22 19837 l 23 A That is correct. l 24 Q Was that the first time you had seen Mr. Feinberg? l 20 A Yes, it is. ,
l COM MON vyti ALTH REPO RTING COMPANY (717)761 7150
24 113
. ) 1 Q Did you see him more than that time?
2 A No, I don't believe so, no.
3 Q Did Mr. Feinberg write out the statement while he 4 was there with you?
5 A Yes.
6 Q Had he^been taking notes during the course of your
. 7 discussion which he used to prepare this statement?
E s A I think he, if'my memory is right, I think he jottec 9 that statement down as.we talked.
10 Q Did you give Mr. Feinberg any documents as you 11 were discussing matters with him?
eT 12 A I don't believe so.
x_) j 13 Did he indicate whether he had any documents or Q '
14 was familiar with any of the information that you had from other 15 documents?
16 A I really don't recall.
17 Do you remember him showing you any documents?
Q 18 A I don't recall. I don't think so.
19 And so, Mr. Feinberg wrote up this statement and Q
20 then read it over with you and then you signed it at the end, is 21 that right?
22 A That's correct.
i 23 MR. JOHNSON: Just to be clear on that, that all happened 24 while he was there?
25 THE WITNESS: Yes.
COMMONWE ALTH REPORTING COMPANY (717)'61-7150
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'114s
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1; BY MR.' HICKEY:
2 Q Was anybody.else.therebesides you and Mr.
3 Feinberg while.this interview went.on?-
4 A I think.my wife.was'in andnout from. time.to time; 5- .butiIJdon'tjthihkanyoneelse,wasthere.
6 Q '(Did you have a ' discussion with Mr. Devine: abouti .
. ,- c
... 7 your willingness to, testify.on behalf of Mr. ParksIin,his -l
.g. p
, y >
.O' .
8 proceedingiin,the; Department of. Lab.or?
i
.9 A- 'I don't recall. ;
4 , d .. .
10 .Q 6 Did you'have' a'ny'di'cussion'with s Mr.iParks.~about-- .
n 11 whetherlyou were willing-to testify,for him in_hi's Labor 12 Department proceeding? -
13 A' - I don't recall that,'either. ei l
14 Q' At the'boginning'of.your' deposition, you'made l 15 some comments about'. Mr. Stier and his: invest'igation. Iithink--
16 Mr. Johnson lwas as' king you abouti the circumstances surrounding l 17 an interview, and I believe.you'said that you had told'Mr. , .,
18 Stier you.didn't want to give any more formal statements,
19 is that right?
20 l A That is correct.
(
21 Q Did you also have'a discussion I think later with' 1 22 some of Mr. Stier's associates or colleagues about this p: 4 23 March.23 meeting that's reflected in Exhibit No. 7?'
0
- 4 A Oh, boy --
25 I think a Mr. Davisa is one of the names, who worked Q
't COMMONWEALTH REPORTING COMPANY (717)761-7150 i
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k6 115
]lk 1 for Mr. Stier.
2 A I may have, but I can't recall it.
3 MR. JOHNSON: I didn't hear that, I'm sorry.
4 MR. HICKEY: His answer was, "I may have, but I don't 5 recall."
6 BY MR. HICKEY:
_. 7 Q Do you recall Mr.'Stier sending to you notes taken a by his associates of their interview of you about the March 9 23 meeting and asking you to review them and make corrections?
10 A Yes,.I remember something about some notes they 11 sent me.
12 MR. JOHNSON: What was the date? I'm sorry.
13 MR. HICKEY: I didn't put a date on it. I don't know a 14 date.
15 BY MR. HICKEY:
16 iou recall receiving some notes from Mr. Stier's Q
17 associates about the March 23 meeting?
18 A I remember a discussion about notes. I don't l
19 recall whether they actually sent them and I marked them up and 20 sent them back or not.
21 Q Let me see if I can refresh your recollection. You 22 sent back a letter, did you not, to Mr. Stier indicating that 23 you didn't want to sign any statement and didn't want to review a4 any notes?
20 A That's probably true.
COMMONWE. LTH REPORTING COMPANY (717) 761-715C
k7 116- l 1 Q I want to give you the letter language and see
}
2 if it refreshes your recollection. I am reading from a 3 report by Mr. Stier dated November 1, 1984, previously 4 produced in discovery, regarding the staff meeting of March 23, 5 1983.
6 Mr. Stier says that he received a letter from Mr.
- 7 Gischel after an interview.of Mr. Gischel by two members of 3
8 8 .lis staff on' September 11, 1984.
9 And I can suggest to you..that the two staff members 10 were Bob Winter and Fred Davisa. Do those names ring a bell?'
11 A No.
12
-Q That's not important.
13 Let me show you simply the text of this quotation of.
14 Mr. Stier's, which he says is from a letter you sent him. It 15 is this language I am pointing to right here, beginning, 16 "When Ed Stier called me."
17 MR. JOHNSON: Did you produce to us in discovery any 18 of these notes that you are trying to identify here from a 19 September 11 meeting?
20 MR. HICKEY:
I didn't refer to notes from a September 11 2I meeting. I referred to a portion of the report that was 22 produced in discovery by Mr. Stier, which is titled, " Notes."
23 MR. JOHNSON: But the subject of the inquiry that you o4 are asking him refers to notes taken of an interview that he 2r' had with Mr. Winter and Mr. Davisa? No?
COMMONWE ALTH REPORTING COMPANY (717)761 7150
k8- .i 117' y
, l' 'MR.-HICKEY: 'I:Ldon't think I said that.-
2' "MR.JJOHNSON: Okay.
3' (Witness. perusing document.)
.i . .
4 THE WITNESS: Yes,.I recall'that --
5 MR.: JOHNSON: Can I just'look at what'the witnessLis '
'6 looking.at?'
7 (Pause.) < s E
8 BY MR. HIdKEYi 9 -Q- My question /to you, Mr. Gischel', is whether that'
,y,,t refreshes ;your frecollec. tion - ;
~
L
.10 .
'# 4 11 MR. JOHNSON: Excuse me.
12 MR.THICKEY: Before his" recollection 1 fades',.:I'd like 13 to askihim.a question, if you don't mind.
14 ' Oka.y, go ahead.
MR. . JOHNSON: ,
15 BY MR.-HICKEY:
16 Q It's-only a question of.whether you recall sending;
-17 a letter to Mr..Stier in the' language that's in that' exhibit 18 I put in front'of you.
19 A- I' remember the language. I remember writing, and I 20 presume it was in a letter to Mr. Stier, yes.
21 The substance of it was that you were unwilling.
Q 22 to review the notes or report of the interview of you regarding 23 this March 23 meeting, is that right?
24 A Basically.
25 Why were you unwilling to review the notes.of.the Q
COMMONWE ALTH REPORTING COMPANY (717)761-7150 I
1 k9- 118 h 1 meeting?
2 A Because I had a great deal of a problem with the 3 direction Stier was going. He simply would not acknowledge 4 the fact that the nuclear world is different than his 5 understanding of it.
i 6 Without that acknowledgement, we were just going no
. 7 place, and there was no point in even wasting time with it.
5 8 Q The specific question I am asking you is about an 9 interview that was conducted'of you by Mr. Stier's associates 10 regard'ng i this March 23 meeting we've been talking about today.
11 Mr. Stier's associates asked you questions about what 12 you remembered'about what happened at the meeting, isn't that 13 right?
14 A I suppose --
15 MR. JOHNSON: Leading question.
16 THE WITNESS: I really can't remember the specifics of 17 what was discussed.
18 BY MR. HICKEY:
19 Q I'll show you the statement.
20 MR. HICKEY: I am showing the witness Statement of 21 Edwin H. Gischel dated 9-11-84 which is an attachment to 22 Mr. Stier's report to Mr. Clark on November 1, 1984.
23 This was submitted to us in discovery?
MR. JOHNSON:
04 MR. HICKEY: That's right.
25 I'll just take it apart, if it's easier to read that way .
COMMONWE ALTH REPORTING COMPANY (717)761-7150
kl0 119 lh 1 (Witness perusing document.)'
2 BY~MR. HICKEY:
3 Q Have you had a chance to read those two pages, 4 Mr. Gischel?
l 5 A Yes. l 6 Q Does that refresh your recollection, that your
. 7 interview with Mr. Stier's colleagues on about September 11, E
8 1984 related to the circumstances of this March 23, 1983 9 meeting that we have been talking about?
10 A Yes.
11 MR. JOHNSON: Where is that in this whole document, 12 toward"th[end?
13 MR. HICKEY: Mr. Gischels statement,.and it's 14 Exhibit -- it's not numbered.
II' BY MR. HICKEY:
16 Q I was asking you why you were unwilling to review 17 the interview from Mr. Stier and tell him whether it was an 18 accurate reflection of your comments or not?
19 A Mr. Stier and I kind of -- I had difficulty with 20 where Mr. Stier was going with the line of questioning and the 21 information that seemed to be developing there, that he 22 simply did not understand what the requirements were.
23 And his propensity was to kind of wash them over in "4
generalities, and we simply can't do that in the nuclear 2I' business.
COMMONWEALTH REPORTING COMPANY (717) 7f31 7150
kil 120 1 Q Are you making those comments with regard to his 2 staff's interview of you about the March 23, 1983 meeting?
3 A Yes, the whole envelope in which his entire 4 investigation and report was couched.
5 Q' I'm not understanding you. What was what you 6 describe as Mr. Stier's interest in overall generalities have
- 7 to do with this inquiry about the March 23 meeting?
5 8 A He had asked me to participate in his investigation, 9 to allow him people to interview me, et cetera, as a method for 10 him to help to establish a background of information for 11 the rest.'of his work.
12 In the preliminary discussions which I had with him, 13 initially I told him I didn't.even want to be involved in the 14 interview, that there were too many things going on in my 15 area, and I just wanted everything to quiet down, and I 16 wanted to back out of this thing, that the NRC and others had 17 done their investigation and I didn't want to contribute 18 anything further to the issues.
IU So, he asked me if I would simply talk to his people 20 so that they could help to establish an atmosphere, if you 2l will, as to what was going on there to help them better 22 understand what they were getting from others.
23 I told him I would be willing to talk to his people, 8 ,
but I didn't want to make any statements or any such things as 25 that.
, COMMONWE ALTH REPORTING COMPANY (717)761 7150
k12 121 lh I Q Why was that?
2 A I just didn't want further involvement. I was 3 really under the weather at that time.
4 Q What time are you talking about?
5 A When this interview and shortly before that took 6 place. What was the time frame of that? It was-some time
- 7 after --
1 8
8 Q It was in 1984 in the fall, September. September 13 9 is the day you were interviewed, 1984. Is it your testimony 10 you were sick'on.that day, is that what you're saying?
11 A No, no, no. 1984?
12 Q '1984, yes. You were working in Reading at the 13 time, right?
14 A I was interviewed'by Mr. Stier, then?
15 Q Two members of Mr. Stier's staff, not by Mr. Stier.
16 I
A My memory is really vague. I am not trying to avoid l 17 you. I am just trying to -- all I can recall is the conditions 18 that Stier and I had talked about back in the beginning when 19 all of this began.
20 Q Did you read Mr. Stier's report of his investigation?
21 A Very little of it. There were I guess a few areas 22 that were called to my attention.
23 Q By someone else, you mean?
S 24 A Yes.
25 Q By whom?
COMMONWE ALTH REPORTING COMPANY (7171761 7150
!kl3 122
- 1 A I think Ron Warren, if I recall correctly.
2 Q You read those portions only?
3 A I really can't recall what portions of it I saw, 4 whether it was port _ ions that Ron called to my attention or 5 that people had asked me to verify the authenticity of in 6 various investigations. I really can't recall.
. 7 Q Were you familiar with the conclusions that Mr.
E a Stier reached in his report about the various allegations 9 related to the polar crane? Did you ever read those?
10 A I think I did read the summary.
11 Q And then the day after, when Mr. Stier wanted the 12 f')
interview about the March 23 meeting, you did meet with his LJ l 13 I two staff people in September, 1984,-but you were unwilling to 14 verify the interview notes that they took of the interview of i 15 you, is that,right? l 16 A That is correct. j 17 Q I think I have asked it more than once, but let me l i
18 just make sure you have every opportunity.
Was there some 19 reason why you wouldn't verify the accuracy of their interview i l
20 notes? l 21 A The only reason is that I didn't want to be 22 directly associated with Ed Stier's investigation, because I 23 didn't agree with where he was going with it, and his S 24 conclusions.
i 25 I was trying in one way to help him, hoping it would COMMONWE ALTH REPORTING COMPANY (717)761 7150
1'23' kl4
, q
- 5
- 1 -steer'him in the right direction. But'I had no sense thatLID 2 was. going to;be' successful', and-therefore.I really didn't..want 3 to-be professionally associated with it.
4 Q. Do you'know when Mr. Stier's report'came out?
5 A I can't recall.-
6 MR. HICKEY: Let'me-have your" blue book;-
_ .7 MR. JOHNSON: It was November, 1983. s.
2 --
8- BY MR. HICKEY:-
9 Q The only point I was going.to make, Mr. Gischel', is 10 Mr. Stier's report 4- I am showing you one volume of'itfhere,-- -q i
~ '
11- "TMI-2. Report,l Management and Safety Allegations";.this is the 12 volume on'liarassmenti b- came out 'in November,1983.
O- 13 . That report was'out and over'when he wanted to talk to-
< v
, c 14 you in"septhmber,J1984 about this March 23, incident.
- 15 A Okay. .
16 g So I'take it that your concern about where the
^
17- November, 1983 report, as you put it, was going wouldn't'have 18 been affecting your decision in 1984 about whether to verify 19 the accuracy'of Mr. Stier's --
20 A Well, certainly, as far as I was concerned, he was-21 out in left field,: and I really did not want to go on record 1
22 as.being a party to that in any way, shape of form. I'm
.23 surprised at this. point that I even consented to the' interview.
24 I have just a few more questions.
Q 25 Do you recall an engineer who used to work for you named COMMONWE ALTH REPORTING COMPANY (717)761-7150 t_._._______ _ . _ . _ _ . - _ _ _ _ _ _ _ _ _ _ _ _
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'q' d' 'l j .f. . l '
124, lkl5: ,
I .i 1 Ted Reckart, Theodore.Reckart?.
2 A' Yes.
.3 Q He'was an engineer in the plant. engineering.
4 department in'the fall;offl982, is that.right?
5 A- Yes. <
. . .i 6 Q Was' he in general a' competent, qualified: engineer?~
.- 7 A' Yes,-he was.
8 -
8 Q. . About how long did Mr.- ReckartLwork for you, do 9 you recall?
10 -
A It wasja.short period of time. .I kind of-11 inherited him.-
7 12 Q What docyou.mean by that?
13 A There was a reorganization in the.overall staff and 14 I guess thefarealthat'he was involved in before was: dissolved 3 ,
15
.and'there were poeple that needed reassignment. .And Larry-
-t 16 King reassigned)him.to my department.
17
~
Q He was there a short time and then left, is:that 18 correct?
19 A Yes.
20 Q Did you talk to him when he left? Wasn't it your j 21 custom to have exit interviews with employees?
22 A I believe we did, yes.
23 Q Do you know where Mr. Reckart went when he left?
24 A I didn't know specifically. Apparently'the informa-25 tion he gave to me was not the full truth, I guess. ,)
l COMMONWE ALTH REPORTING COMPANY 4717)761-7150
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'125 1_. Q .. Did he tell you he:was going to work.for a chemical 2 company-in Texas or something to'.that effect?
3 A I ' don't recall' exactly what it'was;..but apparently.
4- it was.something.'quite-different-from what had actually~ wound
- 5. up,..as:-I later found out.
o Q .W hen did you'later find out=where'Mr.;Reckart
. , 7 really was? ,
ci 8 A- .I'can't tell you specifically when, but I' guess
~
9 it-wasn't an awful;long' time after:that. I don't know.
to Q You learned he was at the'Shoreham nuclear. plant
- 11. on Long-Island?
12 .A. 11think that that information-eventually;got"back 13 to me, yes.J" ,
14 Did it come..through Mr. King,-by any chance?-
Q 1 doe't?reca'll. - s.
15 j A 2
.. e +
16 'Q Or Mr. Parks?
4 17 A ...I don'.t. recalls that,' either.
18 Q Did you know that he'was working.for Quiltec.at. j 19 Shoreham? !
i 20 A I found it out later. I certainly didn't know it
- 21. at the-time. !
l 22 Q At the time he left, you mean?
.23 .A Yes.
24 Because he told you a story that apparently wasn't-Q 25 the. truth about where he was going?
COMMONWEALTH REPORTING COMPANY (717)761-7150 1 r .
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i kl7 126 1 A Yes. I had no reason to question where he was-2 going.
3 Q You made a comment earlier in your deposition about 4 something about Mr. Barton threatening to fire you. And since 5 it is on the record, I think I need to ask you, what were the 6 circumstances of this statement? Did you have a discussion
. 7 with Mr. Barton where he said he was going to fire you?
8 A Yes. Larry King and I and John, John called us 9 together. I guess it was when I wrote the memo on the polar 10 crane.
11 Q Yes?
3 12 A And Barton says something to the effect, "I ought-b 13 to fire the S.O.B." He said it to Larry,when the three of us 14 were meeting.
15 And Larry jumped up and said,." John, you don't fire 16 somebody for doing that." He'said, "He's trying to protect 17 the interests of the company," words to that effect, "and 18 we've got a problem here that needs to resolved, not fire the 19 guy who identified it."
20 Were you in this meeting with Mr. Barton?
Q 21 Yes, the three of us.
A 22 Q And it was about some memo that you had written?
23 A Yes. It was the polar crane memo.
8 24 Q You had signed the memo, right? j l
25 A Yes. !
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k18 127 1 MR. JOHNSON: Could we be specific? Was it one of the 2 documents that we identified earlier?
3 THE WITNESS: Yes.
4 MR. JOHNSON: The February 10 memo?
5 MR. HICKEY: Show him the exhibit. l 6 MR. JOHNSON: I don't have it right in front of me, but
_ 7 it's Exhibit No. 2.
8-8 Is this Exhibit No. 2, the one that you are referring to?
9 THE WITNESS: Yes.
10 BY MR. HICKEY:
11 Q That's a memorandum to Mr. King from you signed by
~
12 you, right?
) 13 A Yes.
14 Q Mr. Barton had this memo and was not pleased with 15 it, is that what you're saying? j l
16 A That's correct.
17 Q Mr. Barton surely knew who wrote the memo, didn't he?
18 A Oh, yes.
19 So he was saying to you that he was going to fire Q
20 you, is that correct?
21 A Well, the three of us were in the room, and he was 22 talking to Larry about me. He was talking to me, yes.
23 I see. You were right there.
Q l
S 24 When Mr. Barton said this, had you heard comments like 25 that from Mr. Barton before, or attributed to Mr. Barton, not j COMMONWE ALTH RE PORTING COMPANY (7171761-7150
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1 -- =about' firing.you specifica11y but aboutLfiring people?^
2 (No response.)
3 MR. JOHNSON: Can we fix a" time. frame?
-4 MR. HICKEY: Before. I mean, he wasn't there that-5 long before.
6 THE WITNESS: I' don't know.if I ever heard him say:
.' 7 he ought to-fire -- I~mean, the language was. vintage Barton,.
1
'E 8 but/you had to'be sitting"in the room to understand.that 9 this was not just an idle threat.-
10 BY MR. HICKEY:
11 Q You say the language was vintage Barton. Mr. Barton 12 had a reputation for sometimes expressing himself in a profane 13 or vulgar manner, is that.right?
14 A Yes. That portion of it was vintage Barton, but --
15 g - Thrpical, you mean.: by " vintage"?
16 -g 1 Yes. 'But the message was a very direct --
17 Q My question.to you was whether you remembered 18 hearing', before that incident, either hearing Mr. Barton say 39 he was going to fire someone or hearing a report that Mr. Bartc.n -
2U had said he was going to fire someone.
21 A I don't know --
22 Q Wasn't that something that Mr. Barton said on l 23 fairly frequent occasions, Mr. Gischel?
8 24 A I wouldn't say it was frequent occasions. He may i
26 have said it. He was an animated, he is an animated person, !
COMMONWEALTH REPORTING COMPANY' (717)761 7150 l
k20 129 1 1
( ) 1 and he often says things which he obviously doesn't mean.
2 But you have to be sitting there to understand, this wasn't ,
3 just, he just wasn't venting his steam. He was really bent 4 out of shape.
5 MR. HICKEY: That's all I have. Thank you, Mr.
G Gischel.
_ 7 MR. JOHNSOM: I have one question.
E 8 MR. HICKEY: I think Mr. Richardson --
9 MR. RICHARDSON: Go ahead, George.
10 MR. JOHNSON: It's just on Mr. Hickey's cross-11 examination, so I thought maybe I would ask.
12 r- Did you ever hear Mr. Barton threaten to fire Mr. Parksi d) 13 THE WITNESS: Yes, in that meeting that we were 14 discussing.
15 MR. JOHNSON: On March 237 16 THE WITNESS: March 23, yes.
17 MR. JOHNSON: Before that time, did you ever hear him $
18 make a similar remark?
19 THE WITNESS: No.
2" MR. JOHNSON: Thank you. Off the record.
2I (Discussion off the record.)
22 MR. JOHNSON: Back on the record. l l
23 CROSS-EXAMINATION 94 BY MR. RICHARDSON:
20 Q Mr. Gischel, when you were discussing the meeting on COM MONWE ALTH RE PORTIN G COM PANY (717)701-7150 J
1
.k21 130 l
1 March 23 in the morning which was attended by a lot of people i 2 including Kanga, Barton and Arnold, when you were discussing !
3 that meeting with Mr. Tom Devine, I take it you had that 4 discussion with Mr. Devine before you signed your affidavit 5 which is dated April 2, 1983, is that correct?
6 A I believe so.
- 7 Q I am showing you again what was marked as Exhibit 8 No. 1. I am not clear. On the first page, at the very 9 bottom, a little bit to the right, there appear to be some 10 initials with a circle around them. Are those your initials?
11 A Yes.
~
12
.3
> t Q You wrote those initials, did you?
I3 A Yes.
14 Q on the second page, about two-thirds of the way down Ir' along the left margin, there appear to be some more initials.
16 Are those your initials which you wrote?
17 A Yes.
18 Q Is that true of the initials at the very bottom of l9 the second page?
00
~
A Yes.
oi
~
Q Looking at the third page, there appear to be some 22 initials at the far left hand bottom corner. Are those your 9
initials which you wrote?
8- "4
~
, A Yes.
I o-
~"
l Q Is that true of the initials which are in the i
i l C OMMON WE ALTH REPORTING C OM PAN Y (717)761-7150
k22 131 t middle of the page at the very bottom?
s_ J ]
2 A Yes.
3 Q Is that true of the -- there appear to be initials 1
I 4 along the right hand margin about two-thirds of the way down j 5 on the third page?
6 A Yes.
- 7 Q At the bottom of the fourth page, are those your a
8 initials?
9 A Yes.
10 Q At the bottom of the fifth page, are those your 11 initials as well?
12 f] A Yes.
t/
13 Q What was your purpose in writing your initials on 14 Exhibit No. 17 15 A I think, as I recall, the person who came out from the Department of labor and Industry, wherever he was from, 17 Ihe asked me to initial each page there to signify its l
I" authenticity. t 19 Q Some of these initials, such as on page 1, there
')()
~
appears to have been a change in the text.
2I A Yes, it looks like it.
22 Q A word is crossed out and something else is written 23 in.
l S ')4 A Yes.
'~ " " l Q I gather your purpose was to make note of your
. COMMONWE ALTH RE PORTING COMP ANY (717)761-7150
u ik23-132' 1 agreement'with the change?
2 A. .Yes. !
3- Q At the time that you read and signed Exhibit No. 1, 4 .did you believe.that there was'.any information which was not 5 . contained in Exhibit.No. 1 which~you thought was important to j
~6 Mr. Parks' Department'of' Labor case?
u 7 A I don't know.- The'information there was: gleaned V
O' 8 in a rather hasty fashion, and my' recollection process' runs.
9 .Very. slow since my' stroke.
10 so I presume at the time that we completed theLstatement 11 that I at that time felt that it was complete.
12 Q< That's what I'm1asking. At the time.you signed:
13 Exhibit No. 1, is it' fair to 'say that you thought'it was-I4 complete?
15 A I thought it was at that time, yes' .
16 Q And at that time, you did not believe that you.had'- i 17 omitted anything important?
18 A .I didn't think'so, no.
19 Q You are aware, are you not, that in mid-February, 20 1983,,Mr. Parks p epared a set of comments concerning the polar 21 crane load test procedure?
22 g 'Yes, I think I' recall that.
23 Q These are comments which pointed out that his S ,
position was that the polar crane load test procedure did not 25 comply with Administrative Procedure 1047 and 1043.
COMMONWEALTH REPORTING COMPANY (717)761 7150 E-_ ___.---n-_-_----.----..--_- - - - . -
k24 133
) 1 A Yes. !
2 Q And there were other comments as well concerning a similar violations, were there not?
4 A Yes.
5 Q Sir, in your Department of Labor statement, you 6 state, beginning at the bottom of the page, "The disagreements
. 7 came to focus relating to the S.E.R.(Safety Evale, 5. ion Report)
?
2 written by the Bechtel people for the polar crane recertifica-8 9 tion, which involved a load test. Rick Parks was objecting to }
to the administrative aspects of this - the company had not been 11 following the proper procedures as set forth in AP-1043 and g3 12 1047."
'b 13 Did I read that correctly?
14 A Yes.
In "
MR. JOHNSON: May I just mention that you said "relatinc 16 Actually, I think it says " relative."
on the first line.
17 That's minor. ,
i 18 BY MR. RICHARDSON: ,
1 19 With regard to the objections that are referred to Q
20 in that statement on the part of Mr. Parks, is it fair to say ,
21 that what you had in mind were the written comments which he 22 submitted concerning the polar crane that you mentioned just ;
23 a minute ago?
o4 That was a part of it, yes. I don't think that A
25 embodied the entire issue, but I think it was a -- I don't i
l l COM M ONWE ALT H RE PORTING COMPANY (717)761-7150 J
k25 134
/^)S q I recall exactly what all comments he had there, but that whole 2 polar crane issue was a very complex matter involving many, 3 many issues, and I don't know that he would have had them 4 all rolled up and embodied in those.
5 Q As you understood his written comments, did that 6 set forth his primary objections concerning the polar crane?
_ 7 A My understanding was it did, yes.
I 8 Can you tell us whether he raised any specific Q
9 issues above and beyond the comments which he made in that 10 comment resolution sheet?
11 A I can't tell you specifically that he did or that he 12 As I stated previously, there are many, many issues (3 did not.
(J 13 relating to that, and there were a lot of people who -- I guess 14 I shouldn't say a lot of people -- there were several areas 10 from which concerns were beginning to be evidenced as to what 16 had transpired with that crane, and what the condition of it 1 I' was. <
- And the comments of Rick Parks was just one small piece
- of that.
2U Q My question is, do you recall any specific issues j "I l
~
which Mr. Parks himself raised, above and beyond the written 22 comments which he submitted in mid-February of 19837 23 g .I wouldn't be able to answer that without going o4 i
through and reviewing what was in there. And my memory has 25 demonstrated, I can't rely on that for much more detailed i
COM M ONWE ALTH RE PORTING COMPANY (717)761 7150
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k26 135
[i v
- 3 information.
2 Q When you said you would have to refer to that, you 3 are referring to his comments?
4 A Yes.
5 Q I am showing you -- Mr. Johnson, correct me --
6 my copy of Mr. Parks' comments which are dated February 17 in
- handwritten form on the left with the responses of recovery
?
8 8 operations over to the right. ;
9 I believe this is part of the Chwastyk deposition, in Exhibit No. 6.
11 MR. JOHNSON: Yes; recovery programs, not recovery i
em, 12 operations. Otherwise, I agree. It's part of No. 7.
~
L.,]
13 MR. RICHARDSON: Actually, it is recovery operations.
14 MR. JOHNSON: It is? Okay.
15 BY MR. RICHARDSON:
10 Q In light of what you said a moment ago, could you 17 take your time to look at Mr. Parks' comments and just see if 18 they refresh your recollection as to whether he raised any 19 issues separate and apart from the issues which are set forth 20 in those comments 21 (Witness perusing document.)
22 THE WITNESS: What is the question on this again?
23 BY MR. RICHARDSON:
24 Q My question was whether, having taken a look at 3 Mr. Parks' February 17, 1983 comments, whether those comments l COM MONWE ALTH REPORTING COM PANY (717)761-7150
k27 2136-
- 1 refresh your recollection as to whether or not he' raised any 2 specific issues above and beyond the' issues. set forth in those 3 comments.
4 A I really can't recall whether.he did. I know there 5 was a lot of'it rolled up in that, but as I recall, this.was 6 getting to the heart of the matter, but there may have seen _
- 7 more peripheral issues which would have been a rather -
E 8 exhaustive thing to add to this, which would have tended'to..
9 water this down, I guess.
10 I suspect.that the issues he raised there were really 11 the significant ones, that if those were addressed, the other 12 ones would kind'of fall into place.
13 MR. JOHNSON: Just for the reeord, the ones in the 14 exhibit that he just showed you were-the significant ones, and 15 if those were adddressed, then the others woul'd f all into place ?
16 THE WITNESS: I think, yes, if we had agreement that I
i 17 those types of things were addressed, the other items could be 18 filled in to support.
19 BY MR. RICHARDSON:
20 Q Do you recall any of those other items or those 21 peripheral issues,.as you refer to them?
22
>A' I don't really recall,.without going through in 23 detail. 'There were many issues relating to the crane such as S ,
the use of welding wire..for power feed. -
I don't know if that 25 is addresse'd'in there or not. There were just many, many COMMONWEALTH REPORTING COMPANY (717) 761-7150
k28 137
/,
(+, ; 3 issues in that crane.
2 Q Do you recall any of the specific peripheral issues, 3 as you refer to them, which were raised by Mr. Parks himself?
1 1
4 A No, I can't. My memory won't support that. )
5 Q The meeting which took place the mcrning of March i 6 23 where Mr. Arnold, Mr. Kanga, Mr. Barton and others were i
_ 7 present, what was the purpose of that meet'ng?
?
2 g A Say that again. I drifted, I'm sorry. I was ,
9 still back into the crane. I was thinking of tre brakes issue 10 and the power supply issue and things like that.
11 Q I am referring to the meeting on the morning of l
March 23, 1983, attended by Arnold, Barton, Kanga, yourself 12 3
N .]
13 and others. What was the purpose of that meeting?
14 A The purpose of the meeting was to announce that 15 Parks had issued -- gone public, I guess was the phrase at the 16 time -- with his safety concerns on the polar crane and other 17 issues.
18 Q When Mr. Klingaman gave you a performance evaluation 19 back in early 1984--do you recall the performance evaluation 20 I am referring to?
l 21 A I remember when it occurred, but I can't recall i 22 specifically what is in it at this point. But go ahead, let's 23 see what your question is.
24 Q I believe you testified about a performance 25 evaluation which you received from Mr. Klingaman. Let me i
l C OMMONWE ALTH RE PORTING COMPAN Y (717)761 7150
k29 138 i
I q
1 j 1 first ask you, when did you receive that evaluation? <
-s l
2 A It was with the annual evaluation of the entire a department. They are all done at the same time every year, a which is the November-December framework.
1 i
5 g You mentioned an evaluation which you thought j 1
6 unfairly criticized your work. Was that the first evaluation
. 7 which you had received from Mr. Klingaman? (
?
8 s A Yes. 4 9 Q And this evaluation which criticized your work 10 performance, I gather you thought that that was inaccurate i
11 and not proper, is that correct?
12 O
-] A Well, yes, in many ways.
13 Did you have a discussion with Mr. Klingaman Q
14 concerning that performance evaluation?
15 Yes, I did.
A j 4
M Can you tell me what specific statements Mr.
Q l l
17 Klingaman made during that discussion?
l M A I don't really recall. As I recall, I wrote a 19 rebuttal, I believe, to his points that he raised in his 20 And we sat down and discussed the rebuttal, and evaluation.
I 21 l
it just kind of died. Nothing was changed.
l l 22 Is it fair to say, you simply don't recall any Q
23 specific statements that=Mr. Klingaman made during that 24 discussion.
25 A That's correct, yes.
COMMONWE ALTH REPORTING COMPANY 717)761 7150
'30 3 139 l
1 1
- ) Q And that's because it was too long ago?
2 A Yes.
3 Q I am showing you a copy of your April 2, 1983 4 affidavit. On page 17, in describing a meeting you had 5 with Mr. Griebe and Mr. Lowe, do you see the sentence which 6 begins, "I told them that, 'If you don't do it, I'll go
_ 7 elsewhere'", and then it goes on?
3 8
s A Yes.
9 MR. JOHNSON: Could you direct me to --
10 MR. RICHARDSON: Top of page 17, first full paragraph.
11 MR. JOHNSON: How far down is it?
(~T 12 MR. RICHARDSON: I am referring to the two sentence O
13 which begin, "I told them that".
14 BY MR. RICHARDSON:
15 Do you see the words which are enclosed in Q
16 quotation marks?
17 A Yes.
18 Q What was your purpose in enclosing those words in 19 quotation marks?
20 A I was trying to emphasize that I had done what I 23 considered everything in my power to bring these issues to a 22 head within the GPU Nuclear organization, and I just simply 23 wasn't making any headway with it, but I felt that the issues 24 were so overriding that they had to be brought out and they 25 j had to be. resolved.
l i
l COMMONWE ALTH RE PORTING COMPANY (717)761-7150
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r ( , k ' l' $ 'k ik31L -
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- 140i L.
.Q ' Let me-make myJquestion a bit more specific. By
[ t .
2 .using,the quotation marks around'those;words, was your-3 Purpose inEpart to indicate = that :you were quoting Lthe 4 specific words which;you" stated to Mr. Griebe and'Mr. Lowe?
5 A ENo . It was intended to paraphrase.the message that 6 I was trying to relay to them. _-IJdidn't put it'in exactly
.- 7. those words, I am sure, and:I'can't recall exactly how I did
' :I 2' s put it. .That was the message.that.I was trying.to. impart to 9 them.
jo' Q So these quoted words are a.paraphrasefof what:you-11 said?
.12 A yes, P
13 Q At the bot' tom-of page 15, in the second sentence' 14 of the-paragraph which begins at the bottom'of the.page, you 15 stated, "He added that the 'S.O.B.' should not be allowed-back 16 on the island."
17 A That's exactly what John Barton said,. except he 18 didn't say S.O.B. He said " son of a bitch."
19 In using the quotation marks in that instance, was Q .
20 it your purpose to tell the reader what his precise words were?
21 A Yes, it was.
22 on page 13, at the bottom of the page, referring Q
23 to a discussion I believe you had with your doctor, there's the 24 sentence, "My' doctor told my" -- I believe it's " wife" --
25 "that'Dr. Jenkins was very embarrased and said the pressure COMMONWEALTH REPORTING COMPANY (717)761 7150 4
- k32. '~ d 141-I for?the evaluation came:from ' higher up.'" ,
2 Was-the purpose-in using. quotation marks.in that-3- instance to indicate to the reader the, exact words which.your-
'l 4 doctor said that:Dr. Jenkins said? 'J 5 A Yes. ')
6 Q On page 11, at the top, referring to a discussion
. 7 with Mr. Barton, there's the sentence which begins, "He 8 asked words to the effect, 'Now that.we've got this thing on 9 record, what are we going to do to with it?'" g to What was your purpose in using quotation marks around .
11 those'words?
12 A Just literary habit,'I guess. That was the gist.
13 of'what the message was. It may.not have been'the precise: j 14 words that'he used, but that is what the message was.
' 15 His words, I think, were just a little bit more. spicy-16- than that. I didn't-think it contributed'anything.to put 17 'them in there. ;
i 18 When you stated earlier in-the deposition chat you i Q
19 recall Mr. Kanga saying that Mr. Parks should be transferred 20 and then quietly gotten rid of, do you recall that testimony?
21 A Yes.
22 Sir, were you telling us that today, you have a Q
23 present, vivid recollection of Mr. Kanga making that statement S - 4 at that meeting almost four years ago?
25 Yes. I recall that fairly well. I
'A.
, COMMONWEALTH REPORTING COMPANY (717)761-7150
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j j, V. 'aj - 4 k33J ,
142
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J 1 -Q I I wantito'makeithis~ clear. .You.are,not basing.'that 2 testimony on the statement-in.your-April', 1983 affidavit?
~
3 A I can picture him standing;there saying.that;yet.
4 Q. Whatwere his exact'words?l
5 A :. Now that we've got this thing on the record, we 6 can't just'get rid of him. We've got to - 'and thenito con 1
- -7 tinue on, we've got to be careful. People are' protected' 1 m; f:
8 against this' sort of thing, and.words'to that'effect.
9 Q Do you recall ~.any.other words,that Mr.fKanga use'd 10 which you interpreted as indicating an'intentionito transfer-11 Mr.-Parks'and get rid of.himl quietly?
12 .g It seems to me there was discussion that continuedJ 13 on about' alternatives, transferring him off the~ island and thim 14 sort of thing. But at that point,'it didn't stick'so well.;
15 J I was just shocked.in the beginning. That was the is thing that, I guess that's why the words kind of stuck with.me II a little bit.
I8
-Q Do you recall any other words which Mr. Kanga 19-expressed and which you interpreted as indicating an intention 20 to get' rid of Mr. Parks quietly?
21 A No, I think that's the only statement.
22 Q Can I ask you, occasionally do you infer somebody's intention from particular words that the person uses? For 94
~
example, myself, sometimes when somebody says they are going 95
~
to cross the. street, and they say, I'm going to cross the
. COMMONWEALTH REPORTING COMPANY (717)76'.7150
l k34 143 J h I street," I infer from that they are going to the drug store 2 across the street. Have you ever been in that habit?
3 A I guess it's human nature to infer certain things, 4 yes.
1 5 Q Isn't it quite possible that at that meeting, l l
0 mention may have been made with regard to being careful l
. 7 concerning Mr. Parks, and you inferred an intention to get E
a rid of him quietly? .
I 9 A I don't think so. But I think I could temper what 10 I have told you with the sentiment that from a charitable 11 standpoint, I can't stand here and say that what he said meant 12 that we are going to take him out and fire him in a careful 13 manner, because there's another side to that issue that I have 14 thought about since then, that I can't really reach a final M
conclusion of what his intentions were. ,
16 And that is that there seemed to be a great deal of 17 anti-Parks sentiment at the meeting. Parks was an employee of 18 Kanga's. It's entirely possible that Kanga was trying to
- appease the anger of the GPU Nuclear folks that were there by 20 allowing them to feel that perhaps what he is inferring is 21 firing him, where in fact he may have simply meant, let's 22 get him out of the situation and perhaps we can dispose of it 23 in a more congenial manner.
o4 I really can't get into his head and say specifically 20 what he meant. All I can tell you is the words that he said.
COMMONWE ALTH RE PORTING COMPANY (717)761-7150
l lk35 144 i
1 n
() 1 Q And what you were'doing, from the words that he 2 stated which you described just a moment ago, you are using 3 your power of interpretation?
4 A That is correct. Based on the situation, that's j i
5 What I thought he meant. i 6 Q With regard to Exhibit No. 7, your notes concerning ;
. 7 that meeting, are these all of the notes that you prepared S l 8 with regard to that meeting?
9 A I believe so, yes.
10 Q Incidentally, when you met with Mr. Feinberg prior 11 to your signing Exhibit No. 1, is it correct that you
(')
L.)
12 understood that one of the issues in Mr. Parks' Department of j 13 Labor case had to do with his claim that he was unlawfully 14 suspended from employment?
16 A Say that again.
- Q When you met with Mr. Feinberg before signing 17 Exhibit No. 1, did you understand that one of the allegations 18 in Mr. Parks' lawsuit was that he had been unlawfully suspended W from his job at TMI?
20 A I suppose, but I can't really -- I can't grab it, 2I but I suppose you might conclude that, yes.
22 Q Did Mr. Feinberg tell you what the nature of Mr.
23 Parks' lawsuit was?
"4 I don't recall that we discussed Parks specifically-A 20 I think he came out -- as my memory recalls, he came out and we COM MONWE ALTH RE PORTIN G COM PANY (717)701-7150
ik36 145 1 l l
1 ) I sat down and went through the story that was developing around .
s- l 2 this whole issue. I l
3 I think everything that we discussed of substance is 4 contained in there. The moment he sat down, he introduced j j
5 himself, came in, sat down at the table and broke out his pad, ]
l 6 and just about everything that was said was written. ;
_ 7 Q When you met with Mr. Feinberg, in your mind, did 2
8 you believe that Mr. Parks had been unfairly taken off the 9 job site?
I La A I believed so, yes.
11 Q And did you understand that that was an issue that ,
12 J) was one of the controversies --
'J 13 I think that is what the whole Department of Labor A
14 investigation was about, yes.
15 Q You mentioned that you prepared drafts of your 16 Do you recall that testimony?
April 2, 1983 affidavit.
17 A Yes.
18 Q Do you still have those drafts?
19 A No.
2" What became of the drafts?
Q 21 A I believe I probably just balled them up and got 22 rid of them when I finally got down to the final dr&ft.
23 Q Can I ask you, when is the last occasion that you 9 24 visited a physician concerning the problems which you still 20 experience as a result of your stroke?
i COMMONWE ALTH REPORTING COMPANY (717)761 7150
k37 146 i l
l tb
/ 1 A Oh, gosh. We have a physician that my daughter used 1
2 to work for. It's a female. We visit her periodically. She !
3 is my physician of record, I guess you might say. She has ;
4 been supervising my physical condition, medication and so 5 forth, for some time now.
f>
Q When did you last see that physician concerning
- 7 the problems which have arisen from your stroke?
8 8 A We don't see her specifically for that reason, but i
9 she is aware of all that. She has the hospital records. She 10 has reviewed them, and she has consulted with other physicians, 11 and she has just been -- as a matter of fact, she had an 12
(~) analysis conducted as to whether I was a candidate for surgery v'
I3 to try to-correct -- see, I have a pinched off blood vessel in j i
4 14 my head, and there was concern that I may have another stroke !
and perhaps a fatal one.
And there has been some ongoing work there as to whether 17 I was a candidate for surgery or not. And everything they 18 tell me is, it's too deep, and they don't feel it's worth the 19 risk to go after it.
~o Q Let me ask you this: with regard to the stroke 9
~1 which you experienced in 1982, when was the last time that you 22 consulted with a physician concerning the effects of that y'
~
stroke?
9 e)4
~
A I guess every time I see my physician, that's always part of the underlying observation, "How are you doing,"
COMMONWE ALTH REPORTING COMP ANY (717)761 7150
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I and things of that nature. As far as going and having a
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2 workup done specific to the stroke and its aftereffects, other 3 than the general physician type, and a review that she had 4 performed, none, because the prognosis was, just continue on 5 with what we are doing. There was nothing further to do with 6 it.
- 7 Q When is the last time you had a workup concerning 8
a your stroke?
9 A I guess it has been about a year or so ago, 10 MR. JOHNSON: Would you explain what that means? What 11 is a workup?
12 She had sent to the Reading Hospital and
('i THE WITNESS:
V u obtained copies of all my records, and she had done some I4 medical evaluation based on that background, and as I
" understand, consulted with several other physicians in trying I6 to make a determination whether there was any chance of going 17 after that blood clot or pinched nerve or artery or whatever
" it is.
- The carotid artery, as I understand, is pinched off, oo and I have just about no blood flowing through the one side of 91 my head, which has I guess wiped out a portion of the brain.
22 That's what shut down the right field of vision on 03
~
both eyes, as well. But from the review that she had done I
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W 04 and the ones that were done previously, everybody came back l l with the same results: there's nothing to do but just watch l COMMONWE ALTH REPORTING COMPANY (717)761-7150
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( ) I the diet and things of that. nature and try to keep everything I i
2 stable. I take a blood thinner'which is supposed to prevent 3 any further potential clotting or anything up there which 4 would further restrict what blood flow there is. ;
I 5 Q Have tests been administered to you concerning i
0 this problems you described about memory loss?
- 7 A Are you looking for the neuropsychological thing?
8 Q I am at a great loss, because I am not a physician, 9 but I am just wondering whether you have undergone any types of 10 test or examinations which measure your memory capacity, for 11 example.
I2
/~T A No. The company wanted me to take neuropsychology-V 13 cal examinations back during the TMI days, and I was concerned
" about what use the results might get put to, and I hedged.
15 Q If I may, I have no interest with regard to your 16 controversy with GPU concerning that examination. Putting 17 that aside, have you undergone any tests with your own private I8 physicians concerning --
IU A Neuropsychological tests?
Q No, just any tests which are designed to try to n,
evaluate the presence or the extent of any memory loss.
2 A As I understand, that is very difficult to 23 quantify. We considered whether we should pursue the neuro-N psycholog_ cal thing, and the information that came back, that i
o- l lI received back was that well, it really isn't going to be of COM MONWE ALTH RE PORTING COM PANY (7171761-7150
l k40 149 1 any significant benefit to you because there is nothing we l 2 can do to relieve the blood clot. It's there. You're j J
j 3 going to have to learn to live with it.
4 If we do a neuropsychological evaluation today, the 5 condition tomorrow will be different, and the day after will 6 be different again, so you've spent a considerable sum of
. 7 money and have a piece of data which really is worthless.
8 Q I just have two more questions. Could I ask you 9 for the name of your current treating physician?
10 A Her name is Dr. Quarshi.
11 Q Could you spell that, please?
I2
/S A Q-U-A-R-S-H-I, I believe.
L.]
13 Q It's a female physician? .
l
" A Yes.
15 Q Do you recall her first name?
16 A Are you kidding?
II Q All right.
I8 MR. HICKEY: In Reading?
19 THE WITNESS: No, she is in Quakertown, Pennsylvania.
20 BY MR. RICHARDSON:
2' Q Have any other physicians treated you with regard 22 to the effects of your stroke? i 23 '
A I was receiving some general treatment from the GPU 04
~
doctor over in Reading. He used to give us our annual 23 physicals. I can't remember his name.
COMMONWEALTH REPORTING COMPANY (717)761 3150
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/N l 1 There are two GPU doctors who give us physicials, and 2
recently'we have been using Dr. Avello in Reading, and the 3
other doctor is kind of fading out of the picture. I guess 4
he is going into retirement.
5 But he was involved back at the time when all this was 6
going on.
- I Q Could you spell Dr. Avello's name, please?
B 8
A A-V-E-L-L-0.
9 Q Were you treated by any other physicians concerning IU your stroke?
II A The Reading Hospital, when I had the stroke, I was in there, and Dr. Rea handled my case, R-E-A, I believe it is.
[~)
~-
13 Q And the name of the hospital is the Reading 14 Hospital?
15
. A Reading Hospital, yes.
1
( 16 Q Were you treated at any other hospitals with 17 regard to your stroke?
18 i
A Not the stroke, but I had an episode coming home i 19 l from TMI one night after a particularly stressful day, and I 20 had a 45 minute drive coming home, and I got about halfway 21 home and I began having problems.
22 My heart felt like it was going to pump right out of my 23 I began getting tremors and nervous and perspiring, 4
chest.
24 getting dizzy. So, I pulled over alongside of the road and i
! 25 I stopped, and I sat there for a few minutes.
I COMMONWE ALTH RE PORTING COMPANY (717)761-7150 w_____.________
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(x 1 And it didn't seem to be subsiding, and I got 2 concerned because I was out on a lonely country road. So I 3 decided to try to make it on further home.
4 So'I got back out on the road, and I drove about 5 another 10 miles or so, and again I just felt overwhelmed, and 6 I pulled over and stopped again.
- 7 And again I was on a lonely country road. I sat there 8
8 about 10 minutes and somehow I pulled enough strength together 9 to get on home.
10 I went in the house, and my wife took one look at me 11 and I sat down in my chair and tried to relax, and the tremors 12
- (~g just kept getting worse.
U 13 Finally she called an ambulance and they took me into
" the hopsital.
16 Q Which hospital was that?
16 A This was in Lebanon.
17 Q Do you recall the name of the hospital?
18 A I think it might have been Good Samaritan Hospital.
19 I Am not sure. .
2" Q One last question from me: you mentioned that, I 21 believe, prior to this mectrag in the morning of March 23, 22 that you had become aware that Mr. Parks was writing a l 23 complaint or an affidavit.
<> 4 Could I ask you, when did you first become aware that 1
2" Mr. Parks was writing an affidavit? l J
COMMONWE ALTH REPORTING COMPANY 1717)761 7150
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(,) 1 A I really can't put a date on that.
l 2 MR. JOHNSON: He said previously -- there's no l i
4 a foundation for the supposition that he knew that Mr. Parks was 4 writing an affidavit. The testimony is that he was aware 5 that Mr. Parks was doing something, perhaps preparing a docu-6 ment or something, but not that he was preparing an affidavit.
I
- 7 That is not his testimony.
3 E
8 MR. HICKEY: I think he was writing something. He 9 wasn't sure it was an affidavit.
10 THE WITNESS: Yes, I really wasn't too sure what 11 Parks -- Parks and I were not very close.
I2 BY MR. RICHARDSON:
(~T V
13 this something that he Q Let me then ask this:
14 was writing, when did you first become aware that he was doing II' that?
16 I don't recall.
A I really can't tell you that. I 17 remember the date that they said he filed an affidavit. I 18 don't know if I heard the word " affidavit", that he has 19 prepared an affidavit, or whatever, before that, or if that 2U was the morning when I first heard the word " affidavit" in 21 connection with this. I can't really say.
22 MR. RICHARDSON: Thank you.
23 One point I would just like to mention.
MR. JOHNSON:
Mr. Gischel, in legal proceedings, you are not required to 2I' divulge communications between yourself and your physicians.
C OMMONWL ALTH RE POH11NG COMPANY f717 ) '/ 01 -715 0 I
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() 1 There's a privilege in law of comrnunications between a 2 doctor and the patient, and ordinarily those kinds of 3 communications can be protected, if you so desire.
4, MR. HICKEY: No one asked him any questions about 5 communications with his doctor.
O MR. JOHNSON: I heard a great deal of discovery about
- 7 ! the names and addresses of all his physicians.
?
o 8 MR. HICKEY: That's not privileged information.
9 MR. JOHNSON: It may not be, but I just watned to 10 advise Mr. Gischel of that.
11 MR. HICKEY: I am sure Mr. Gischel appreciates your
' 12 legal advice.
13 THE WITNESS: I really don't have anything to hide.
" Whatever information I have I hope has been useful.
"' MR. HICKEY: I'm sorry it took as long as it did, but 16 thank you.
II MR. JOHNSON: Thank you very much, Mr. Gischel, you
" lhave been more than helpful. We appreciate your patience.
- < (Witness excused.)
2U l (Whereupon, at 2:01 p.m., the proceedings were 1
,, i l concluded.)
22 23 :
9 l 25(
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L____-_____
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%45 L
) 1 CERTIFICATE OF DEPONENT 2 I, Edwin H. Gischel, III, have read this transcript of 3 my deposition taken on Thursday, January 15, 1987, and with 4 the exception of the corrections noted, if any, find it to 5 be a true and accurate record of my testimony.
6
- 7 O
8 9 Date Edwin H. Gischel, III 10 11 g x, 12
( )
v 13 I4 Signed, this day of , 19 15 16 17 I8 Notary Public 19 Municipality:
'o My commission expires:
21 oo
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23 9
1 24 1
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COMMONWE ALTH REPORTING COMPANY (717) 761-7150 1
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.k46 155 b 1 CERTIFICATE OF' NOTARY REPORTER 2 I hereby certify, as the Notary Reporter,: 'that the 3 foregoing proceedings were taken stenographically by me, and--
4 .thereafter;reduchdtotypewritingbymeorundermydirection; 5 .that this transcript ist a true and accurate record-to.the;
., ~ '1 6 best{ofmyability;that[the,witnesswhosetestimonyappears v 7 in the foregoing _pages-was duly sworn by,me; that Ilamu
. . d) 8 neither/ counsel ~for, related to, nor employed by any of the 9 parties to the : action in wh'ich this deposition was taken;- and 10 further, that-I am not' a' relative lor employee of ^any; attorney.
11 pr counsel employed-by the parties hereto; nor financially'
- 12. or otherwise interested in.the outcome of the-action.
fy (f 13 COMMONWEALTH REPORTING COMPANY, INC.
14 By: $ 4 ([Mme d[I y
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y 15 John Anthony Kelly Notary Public in and for he-16 -Commonwealth of Pennsylvania Harrisburg, Pennsylvania My commission expires: October 13, 1990 19 20 21 22 23 24 25 I
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Inter-Office Memorandum 4 a.t y%
1 February 10, 1983 00434 i 8:e [r w] Nuclear Subget Review of Polar Crane Load Test Safety Evaluation i 4240-83-111
! To L. P. King, Site Operations Locahon TMI-2 Plant Engineering Director, TMI-2 Ref: Memo 4410-83-M-0141 The polar crane load test safety evaluation presented for review and comment via the referenced memo, is technically unacceptable to Plant Engineering.
The polar crane must be tested before making any lifts, the failure of which coulo reduce the present margin of safety
'_ / to the general public, result in damage to nuclear safety related or important to safety equipment, or that could result in a significant delay in the recovery program. Since this is not feasible in the absolute sense, the polar crane load test must be performed in a manner that achieves the necessary end result in a way that minimizes risk of further damage particularly
(]n to important to safety or nuclear safety related equipment.
The necessary testing could be accomplished incrementally in a manner that meets the above stated concern and allows for
, progressive requalification of the crane. For example, prior to lifting the indexing fixture, the crane and associated lift
\ rig should be qualified to lift at least 150% of the weight of the indexing fixture and associated rigging. Prior to lifting the missile shields, the crane should be qualified to lift 150%
of those loads, and so forth.
The qualification testing should be performed in an area of containment that is shown by an engineering evaluation to be the safest area in which to perform the testing and, of course, this should be an area in which the test load is at a sufficiently low elevation as to permit testing of the maximum amount of cable.
It is important that the test load be lowered to the lowest elevation in containment that the crane is to be certified to service in order to fully qualify the appropriate length of cable.
With regard to crane interlocks and controls, appropriate interlocks and control features should be in place to prevent the crane from operating in untested areas or uncertified or undesirable modes. This is particularly important in view of the reliance on sound powered phones, hand signals, remotely i
" stationed personnel to act as emergency breaker operators, etc.,
any of which could prove ineffective in an emergency.
A0000648
l
\
RING Page 2 contact me.
If you have any questions on this information, please gt - "
- 2. H. Gischel Plant Engineering Director TMI-2 EHG:hh cc: R. P. Warren O
1 0 l 1
' O so n w an,w cs . s,
/-/PVJ C//)s m _
Inter Office Mem randum h: kdtr CW February 17, 1983 Cae
--(UClear Suoject Polar Crane Load Test Safety Evaluation L cat n Three Mile Island Unit 2 To E. H. Gischel 4300-83 5 0002 Plant Engineering Director TNI-2
REFERENCE:
Memo 4240-83-111 Dated February 10, 1983 As a follow-up to our discussions on the subject safety evaluation I would like to provide to you the following information pertaining to the load test procedure. It is obvious to me that your review of the SER was both thorough and complete and that your concerns were genuine. It is unfortunate that you were unaware of the technical reviews and decisions which preceded the issuance of the SER, for if you were I am l
certain that you would have been able to reconcile your programmatic Concerns.
The present load test procedure is the result of a combined effort by Newport News Shipbuilding & Dry Dock Company, GPU, Recovery Programs Design Engineering, and the Polar Crane Task Group. During the development of this procedure, extra attention was paid to operations which lifted loads for the lirst time. Of particular concerns was the first lift of the missile shield, the same operation which appeared to be your major concern. After careful evaluation, it was decided that a separate load test of the crane prior to lifting the first missile shield, a 40-ton lift, would not be required. This decision was based upon the following facts:
- 1. The Polar Crane has just been through a complete inspection and repair program which included a no load operational test. This program included such items as:
e Wire Rope Inspection e Crane Structural Inspection e Operational Clutch Overhaul and Adjustment e Main Holst Brake Replacement e An Electrical Circuits Meggered or Checked for Continuity l e Wire Rope Completely Lubricated l e Bridge Motor and Trolley Resistor Banks Replaced
- 2. The Polar Crane factor of safety is greater than 10 compared to the
' original design rating. Thus, making the drop of a missile shield a very low probability event.
AOOOObd8
4 February 17, 1983 l E.H. Gischel 4300-83/ F-0002
(
1 e 3. Prior to moving the first missile shield to the load test fixture, it will be raised a few inches and held while the crane is inspected
- for drift or any other unacceptable conditions.
- . - Movement of the missile shields will be in such a manner as to prevent movement over the exposed reactor, i.e. rigged shield moved over remaining installed missile shields.
- 5. Additional load testing would necessitate expenditure of a significant amount of man-rem and was considered not to be ALARA.
- 6. In the highly unlikely event'that a missile shield drop did occur, postulated damage to the Reactor Vessel and/or Reactor Plant would not result in uncontrolled releases to the atmosphere, inadvertent criticality or unacceptable increases in plant temperature due to loss of coolant.
Enclosure 1 provides additional details in response to the specific concerns expressed in your memo.
(J I look forward to your continued support in the requalification program for the polar crane as well as the upcoming recovery evolutions. If I can be of further assistance to you in this matter, please call upon me.
(./_d 4 e e R. L. Freemerman (BNoC)
Deputy Manager, Recovery Programs RLF:jrb
Enclosure:
(1) Response to Specific Comments on the Polar Crane Load Test Safety Analysis i
{
cc: J. J. Barton !
B. K. Kanga L. P. King R. L. Rider J. W. Thiesing O
1
d 6
Enclosure:
Polar Crane Load Test Safety 8 RESPONSE TO PLANT ENGINEERING COMMENTS ON THE Evaluation 4300-83/F-0002 February 17,198' POLAR CRANE LOAD TEST SAFETY EVALUATION COMMENT:
The polar crane must be tested before any lifts... that minimizes risk of further damage particularly important to safety.....
RESPONSE
The carefully programmed series of lifts as outlined in the SER, Section 4.0 does provide the minimum risk consistent with the recognition that ALARA considerations to minimize worker dose are also important. The initial lift This is followed of the index fixture is in a " safe" area (see Section 4.2.1).
by a carefully planned lift of the No. 4 missile shield, which is not directly over the reactor vessel, first involving an initial lift of a small distance and held in place while still on the guide studs.
C This missile shields are then moved sequentially starting with the one farthest from the load test fixture (e.g. over the other missile shields still in place.)
This procedurally-controlled sequence generally meets the same objective without requiring the expenditure of man-rem to perform a separate,Indedicated any event,task as to assemble a load test rig and perform a test of each lift.
discussed in Section 4.0, the probability of an occurrence during the test is judged extremely small.
COMMENT:
The qualification should be performed in an area... shown to be the safest area...
RESPONSE
As stated in Section 4.0 and discussed in detail in the Heavy Load Drop Analysis in Sections 4.1 and 4.2, the test area and the movement of the indexing fixture and missile shields was carefully reviewed and selected on the basis that the minimum equipment was located beneath the test and travel areas, and that postulated drops would result in acceptable consequences.
COMMENT:
It is important that the test load be lowered to the lowest elevation.. . to fully qualify the appropriate length of cable.
4
l s f
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. usu vaus c 6v .ru... vi . . .e '
.- Safety Evaluation 4300-83/F-0002 February 17, 1983 p
ANSI B30.2.0 does not require full travel demonstration tests. The wire rope will have undergone a virtual 100 percent inspection to ANSI B30.2.0 (paragraphs '
2-2.4'.1 and 2-2.4.2) criteria prior to load test which is considered sufficient to certify reuse of the rope.
CDPNENT:
l Appropriate interlocks and control features should be in place to prevent the crane from operating in untested areas or uncertified mode...
RESPONSE
The controlled load test will be conducted under the direction of the Test Director. Safe load paths are identified in the procedure to prevent travel into areas not previously examined. The procedural instructions specify limitations to prevent unauthorized operating modes.
O l
s !
c o s c w c e n c, ,, w a g 4
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- v. /-/51 817 f{e: (bl%v V Inter Office Memorandum 8 Date: February 17, 1983
Subject:
f,ty v u on 4240-83-138 To: J. W. Thiesing, Recovery Programs Location: TMI-2 Plant Engineering Bldg. #222
REFERENCE:
(1) E. H. Gischel memorandum to L. P. King
- 4240-83-111 dated February 10, 1983 (2) R. L. Freemerman memorandum to E. H.
Gischel #4300-83-F-0002 dated February 17, 1983 i
The purpose of this memorandum is to summarize the status of Sita Operations review of the Polar Crane Load Test Safety Evaluation and document closecut of Plant Engineering's comments which were the sub-ject of References 1 and 2.
/' Site Operations comments, other than those of Reference 1, have
( been resolved. We assume that calculations are available to support the load drop analysic mentioned in the SER.
The comments of Reference 1 were discussed extensive.'y at the morning meeting on February 11, 1983 with Mr. Kanga in attendance, during an afternoon meeting on February 11, 1983 with Mr. Kanga, on the afternoon of February 15, 1983 with Mr. Barton, and again on the afternoon of February 16, 1983 with Messrs. Barton, Kanga, Thiesing, Freemerman, Rider and Jackson.
As a result of discussions at these meetings, Plant Engineering agreed to close out the comments of Reference 1 on the basis of over-riding programmatic concerns which, in the opinion of program manage-ment, overshadowed the technical concerns of Plant Engineering.
It is our understanding that a management position has been taken to turn the polar crane over after the load test.
Although Site Operations has voiced a fundamental disagreement with the Polar Crane Retest Program, we do not challenge the authority of the Office of the Director to proceed with the program as written.
v v ,
' E. H. Gischel ,
I s
'~ Plant Engineering Director /TMI-2
/'-~ , i P. King Site Operations irector/TMI-2 (
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2 8 Polar Crane Load Test Safety Evaluation-4240-83-138 February 17. 1983 EHG/ jew cc: J. J. Barton R. L. Freamerman B. K.'Kanga P.-K. Jackson R. L. Rider i Fila (s) i 1
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-Place: Jo'nestown, PA Date:' April 8,- 1983 I,- Edwin H. GISCHEL, hereby nake the following voluntary ' statement to R. Meeks who has identified himself.to me as an Investigator with the U. S. Nuclear Regulatory Commission. I make this statement freely with no threats or oromises of reward having been made to me. Investigator Meeks has typed this statement for me.
'In regard to my affidavit concerning defic,iencies in_ the Recovery Program at Three Mile Island, Unit 2 Nuclear Station, submitted to General Public Utilities Nuclear Corporation (GPU-N) President, Robert ARNOLD, on April 4,1983, I wou d like to make. additional concents on my concerns of the Three Mile Island Recovery Fecgram. On page 2, I stated that there is substantial evidence that the plant was placed in service before it was ready, was operating with important equipment
. seriously malfunctioning; that operator training and qualifications were suspect; I and that many improper operator actions occurred from the outset. This informa-
\ tion was obtained by my reviewing the various accident invest'igation reports of
-(-\ g\ Three Mile Island, Unit 2. I have no new information to report on the causes or issues that led to the accident.
'Aith respect to my statement on page 4 concerning my initial task as Director of Plant Engineering, and the fact that I made major personnel and organi:sticnal changes and management's hostility and non-support of these changes. I will state that I was given no written work program on what changes should be made to improve Plant Engineering (PE). I did receive, as stated in 'he affidavit, 1 .
1 .
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ggl 2-orai' instructions from' Unit 2 Deputy Director, John BARTDN, to make improvements in Plant Engineering. I learned from Larry KING that John 'SARTON, Art BRINKMAN, the Human Resources Director,'and Jim TROEBLINGER, the Personnel Director of Unit 2, were investigating the changes that I made. However, I never received anything in writing from the Unit 2 management concerning their disagreement with the way that I was administering Plant Engineering.
a With reference to the , January 8,1982 contamination release, which is on page
.of my affidavit, and the fact that RADCON bypassed my department. The proper
'\ procedure would have been for RADCON to notify Site Goerations. (50) and Site
/
Operations would then assign Plant Engineering to review and take corrective action. I will also point out that the drain pluos should have been installed O - ~e e - 1.o = o ew its " x.
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in the filter cabinets :: :::
-Q On ; age 5, I stated that Larry KING essentially convinced the NRC not to cite l due to an improved system of organizational controls which e~ id prevent this r u.w am :. :4b type of activity (the taped drain plugs) from ::::7"~=-3l4 arry KING exclained to the 'lRC, in a hea in King of : russia, that Site Operations and all the ;
depart;;.ents in 50, shr7 as hlant [ngineering and hanthaintcnance, were tighten-ing up administratively. He also pointed cut that the UWI peckages that .ere being ir.plemar.ted s:culd help prevent items like this from occurring in the future.
l With respect to my statenent on page 5, wherein I point out that the polar crane conflict had already begun during the Spring of 1922. There were several l
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companies we'rking on the polar crane at that time. The, Polar Crane Task Force i .
(PCTF) c:nsisted of representatives from EG&G Idaho, United Engineers, Bechtel, anc representatives from Site Operations. As I recall, Site Operations did not issue any. paperwork at that time which pointed out the fact that the crane was i
uidergoing numerous modifications without the proper administrative procedures.
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- ;.: , g .7 t'. .. ..c3cu..e coe< o . . ' .oc On page 7, I state that Bechtel representative'es s :ent over an hour with me to l
seek my approval for their modifications on a nuclear safety related pipeline. 'i One of the Bechtel representatives was Rick JACKSON of Bechtel's Gaithersburg Design Engineering Office. Bechtel should have all the paperwork on this !
pipeline. My assistants, Ron WARREN.and Bill REAM, were also familiar with' the details of this safety related pipeline as well as other modifications that j Bechtel has made without timely review or prior approval by Plant Engineering.
. GPU- h) hD I will also point out that L..-t;l has attempted to transfer the Plant Ocerations Review C:mmittee's (? CRC) responsibilities to the Safety Review Group
\
(SD.G), but .1RC, to my recollection, has .ot approved this chance at this coint i (a' .z in time.
In regards to my nero on February 10, 'JS3, en deficiencies of the iafety Evaluation Report (SER) of the polar crane. I will point out that I prepared that memo by myselbith no input frcm ny staff and that I have had extensive l g
u nrience with P e crar.es. I t'e1 pee ee<elop and ":pervise the lifting and O
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handlingpro'gramfornuclearproiectsfo(r+heElectricBoatDivisionof RT E Wmu c. bwT3 d
. General Dynamics. k th: "rn as a refueling director,-I had direct responsibility of critical lifts. I was also involved with the certification and testing of cranes when employed in the Equipment and Facility Division for .
General Dynamics. It should be pointed out that the SER on the polar crane consisted of a lot of words but very little substance. The SER was phrased in such a way that it would lull one into thinking everything was okay. Bechtel wanted to move the mis,sile shield as soon as possible without due safety con-sideration for the lift of the missile shield. However, I was able to see through.
this written facade. Only Larry KING's aporoval as Director of Site Operations
If the missile shield were dropped it could damace the reactor vessel head and i
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into the February lith meeting, I received the impression that he did not care When Mr. KANGA came 33
\ about my concerns. He stated in so many words that this aspect of the recovery J s
. program was going to be c;mpleted with or w'ithout my approval of the Polar Crane
-M Safety Evaluation Report. Cne of tne tests I sugcested as ruiuble before re-T j 3 moval of the missile shield, aas to lift tanks already in containment. These
.(
(s tanks would be filled with water.
1 On page 10 of my affidavit, I stated that af ter the February lith meeting, Mr.
KANGk asked Larry KING and myself to stay behind for additional consultation.
There was also an additional eeting later on that af terrccn with V.A:;r!A, 'H:G and mysel f, r ANGA was more of a gentleman in this meeting as he attempted to have us reconsider our views on the Safety Esaluation Report.
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On page 11, I mentioned that Larry KING passed on to me an employee's tip that top management the Polar Crane SER furor settled Levo B3 Km @pl"ned to fire me twanas so@on x dcwn.A Thatytip came from Joe C;..AT.yg,3, of Site Engineering (SE).
%e With respect to my comments on page 11 concerning the series of meetings that occurred after February lith. I should ciarify that I mentioned in these meetings that an engineering calculation on a worse case accident could take the place of a load test ,I suggested this to both KANGA and BARTON. FREEMERMAN of 1
Recovery Programs had told me that such a calculation had already been done and i
was on file at Sechtel in Gaithersburg. I asked to review tne. calculations but FREEMERMAN stated that I didn't need to see them. However, in this industry, the licensee is a hays' entitled to review the clients work. I asked BALLARD, Q ~
3 the CA mar.ager, to look into this matter. BALLARD eventually told me that he
, was told by Bechtel in Gaithersburg that the engineering calculations had bee k done. L SEm AucasTaT SEA u ssmo 4 @ bPEmNTGoE To? cue >0. Tuest We21bTs,
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Ccncerning my corren:: on page 12 on the susoension of Larry KING and his con-flict of 'nterest tnrc.,gh association with the QUILTECH CCMPANY. I re e-ber soceb:dy telling me, a.en though I can't recall uho, that GPU-N had investigated -
K'NG earlier concerning his... association with QUILTECH and didn't find any con-flict of interest at '. hat time. In addition, those ei..picyees who left GPU-N to accept employment with CU!LTECH, were preparing to leave TMI ..hether they ..ere
- vertually employed by lUILTECH or not. I believe GFU-N's first ' nc.vled;e e of CUILTECH .v.5 the end of last year, ..'en GPU-N personnel .ere starting to be phased cut and being replaced by Eechtel Enployees. T.,o ..'ro cc a to mind a re
".4keHERLIHYandTedPECKAP7 1Q*
pag In regards to the committees that were set up to investigate the Polar Crane, from which I was excluded. It was my general impression, based on my prior experience, that these committees would not seriously consider the points brought up on the polar crane by Site Operations. It was all a word game.
For example, Mr. ARNOLD, in his media releases, stated that a 210 ton headlift load test would prove that the' crane is structurally fit. However, the issue that needed to be addressed first was the Joad test for the 40 ton missile shield lift. .
t In. reference to my statement on' page 14 wherein I state that other 50 staff _
I personnel who challenged polar crane short cuts received harassment and intimi-a dation. Those other personnel were Larry XING and Richard PARKS.
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'l . With resoect to the March 23rd meeting at 8:30 a.m., listed en page 15.of my
-) affidavit, wherein the PARKS allegations were discussed. My recollection. of individuals pe2sent at that meeting were Messrs. HUECKLE, DEVINE, THEIS'ING, LARSON, EALLARD, CF.iASTYK, PREEMERMAN, BEDEL, KUNDER, PASTOR, JACKSON, and as ent%ned in the af fidavit, BARTON, KANGA ind AR';0LD. 3Etz W ert.E ma g T2id 0%
%4T ~I~ ct, eT 'We r_all W % % Ej WG . 3 In that meeting, f,irst, Mr. .ARN0LD stated that everyone on site .should be co-
, operative but careful concerning inquiries about the PAP.KS allegations. ARNOLD 1
stated that we should give PARKS the correspondence and memos, etc., that he requests. However, after Mr. BARTON made the statements that PA KS shcuid be fired and that he E""1d not be allowed on the Island, Mr. AR';0LD e.-;::-M =? h O- Sas N stated that M shcEc' not be o>.te-ded any cooperation. Concerning the L'dall L'
Ccmmittee Inquiry on the allegations, it was my impression that Mr. ARNOLD had
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. 'v' already spok'en to someone connected to the Committee in.some form or another
-and that Mr. ARNOLD felt the whole matter would soon pass.' !
J In regards to the March 23rd meeting I had with Messrs. GRIEBE and LOWE, which !
is mentioned on page 16 of my affidavit. It appeared that the scope of their
]
investigation, based on tne cuestions' that they asked me, centered on KING's 1 allegation made to GPU-N's Vice President,'Mr. Phil CLARK. I will state that l I
they were very profess,ional in their demeanar and it was my i;apression that my comments were in line with others that they had previously interviewed. However, I only have personal kncwledge that these gentlemen interviewed Ron WARREN and -
~ Joe CHWASTYK. Also, Mr. GRIEBE is an engineer and baseo on my prior associations s
and contacts with him, I think he respects my profaccional opinion. Both Mr.
'O GRIEBE and Mr. LOWE, who is a lawyer, are L...
<28bd;;; t; C'"J "i e=4 members
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}T of GPU-N's General Office Review Board (G0RB). 3 On page 17, I discussed the Monday, March 28th meeting that Mr. ARNOLD called in reference to the "ew York Times Article. That meeting was called for perscnnel of Site Operations Only and was attended by "essrs. EARTCN, :ANGA, A;.NOLD ard the Site Operations staff. ARNOLD did mention that 4+ was imortant that we be care-
,. 9 ful hcw we say things about the recovery prcgrams in contacts with outside people.
On page 20, I make a cr m:nt about the recovery program no 1cnger being effect-I ively controlled. I stated that on " arch 30th three of my staff were upset because Sochtel bypasted the plcnt engineering Modifications control system in an attempt O
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to downgrade safety classifications. The incident I was referring to concerned
. changing the; size of the holes for expansion anchor bolts inside containment, which is safety related concrete. The original proposal to ' drill the holes had gone through the review circuit as an ECM package. The bolts and the holes were to be part of a fixture for the Gantry Crane. Rick JACKSON wan'ted Plant'Engi-neering to approve a field change request which called for the size of.the holes to be made smaller, JACKSON had classified the field change. request as not important.to safety. .In subsequent meetings that I had with JACKSON, he explained that this was not a safety related issue because the holes were to be made smaller i
- not larger. I insisted that the field change. request should be. classified im- '
portant to safety and go through the review circuit whether the size of th'e holes N
!:D were to be made smaller or larger. In a meeting on April 7th, in + C morning,
'. .;(!
<\f c ne of the itens di " ussed was this field chance reauest. ~ Both num PRABAHKER Peret <-
and Pete ^^TTL: o (A, as well as Bill REAM and myself, pointed out again why the field change request should be classified important to safety. JACKSON just threw up his hands and stated "I just don't understand you guys." These three cersons in 50 that were involved in this besides myself were Bill REAM, Ec tiWERT and Jack LAWTON. !
Also en page 20, I state that NRC should be holding out for the required tans in pushing the utility to epgrade technical docurents. This expres { is w Ttu u.u. r r.,
figurative and refers to NPC r+ quiring the ultimate h.-...6S coi ament pro-ced res as it refers to safety related items.
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On page 20,'I also discuss the fact that management is considering removing
'the Modifications Control Group out of Site Operations and transferring this function somewhere in Recovery Programs under Eechtel. The Modifications m e e G'i c y ie o .s t o T6 E P l* 0T 4 00 Control t+aff is the administrative leg for m'ct ":::d :::L:- 7' e R ^ EC. m f*
l'cdi :nti:n: ; r. t ; ' " - ' : maintains tnetpape iuw.- " " ~ _ . : t i .2 7 --e.moe v+4-L '";a _n;<::r e ;;ng . I am aware that Dave BUCHANAN of
. Recovery Programs has talked to Ed MUMMERT, my Modifications Control Supervisor, about trartsferring his functions into Recovery Programs.
wor _
- Again on page 20, I discussed the fact thatANRC approval of a procedure is one l
() of the tactics used repeatedly to coerce 50 approval of deficient documents.
I would say that this has become the genural way of doing business by Recovery Programs in attempting to have 50 sign off on various documents.
a N*i
~1> On page 21, I state that 50 input is not accepted when materials are being precared and 50 is not allowed to get involved until the eleventh hour. I will add that there is very little consultation between Recovery Prcgres and Site Cperations en matters that I ' ave brought ;p in my affidavit. In fact, if.
we . sere all working out of the same ru'e book there would be no need for prior consultation, but this is not the case.
There is another issue which I want to discuss which is not detailed in my affidavit. On March 24th, I discussed with Mr. SARTCN the prospect of receiving additicnal manpower in Plant Engh. sering. EART*5 esked that I put ny re west j and justifications on paper, .shich I eventually did. Cn April ath I recei ad
Ml L 1 n b ,
a hand delivered confidential letter dated April 1st. The letter was from SARTON and concerneo my manpower recuest for Plant Engineering. The letter was abusive in nature and questioned my dedication and that of my staff to work over-time. I assigned Ron WARREN to prepare a respense to Mr. BARTON's letter.
On April 6th, Mr. BARTON, in a 3:00 p.m. meeting stated that Mr. ARNOLD had esked for more details on concerns that I had raised in my affidavit. It is important to note that, Mr. BARTON's behavior, in my opinion, was changed. He I
was polite and gentlemanly. BARTCN also told me not to worry about a response to his April 1st memo on the manpower recuest. SARTON stated that the manpcwer reouest will be considered and stated this in such a way that it looked like 9
n the manpower recuest would be granted.
O-4 .
On April 8th I gave Mr. BARTON a status on the field change reouest concerning the size of the holes in the containment wall. During that meeting EARTON mentioned that we were going to have to get Bechtel on board and bring them up to date on procedures. I will say that approximately a ..ae ago a training pro-grw .sss initiated to bring Eschtel up to par on site or : res.
I would new like to make some additional ccmments on the ne r:-psychological examination which is mentioned on pages 6, 7, 8, 12, 13, 14, :5, and 19 of my 5ffidavit. Cn page 8, I canticned that a friend of mine, v'M - CCE?SCN, mentioned to Dr. JEW INS the after effects of my stroke, which ..tre the right side visicn of beth of my eyes b;ing W cked and difficulties in focusing while rh N]
1 a2.30' 11 -
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reading, which prevents me from speed reading. Jim HENDERSON suggested that I speak with Dr. JENKINS about this matter, which I eventually did. At the end of' January, Dr. JENKINS called and spoke to my wife and inquired as to how the exam turned out. When.Dr. JENKINS was told that I did not take the exam he acted surorised and disturbed. I thought it interesting that Dr. JENKINS was disturbed.
He had previously explained to me that only Dr. GCRDON and myself would have.the resul of the examination. Why.would Dr. JENKINS-b torbed if he.were not to he
. 3 <
involved in the results of the examination? ine asonthatmydo$ tor, Doctor Jones of Fredericksburg, initially objected to the exam.ination, was tha't'it was y O *
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job placement test. When Dr. Jones told me this in our first consultttfcoii, he 3 was not aware of-the recovery proorar4mutKthat I was involved in at TMI-2. 3 nj n On p.sge 12, I mentioned 'that I received a certiiM letter on ' February 10th
, s
% from Dr. JENKINS. I called Dro JENKINS approximately'one week later. Mr.
\ ' '
JENKINS' demeanor was nasty. ' He tN)d me '. hat the test was important.,a,nd ,.m
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threat 2ned that if I oidn't take thr test he..had' no cYte bot'to" recort ne
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to GPU-N, and that I would be forced to xa s the test. I rerinded Dr/ JEXINS that l
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the test was for my sole benefit. Dr,.IET;\INSreiterStedt?,atitwasimporbnt 5
tnat I get the test done and rdtedi' hat 1 had two weeks to tne the test or 7, bat he was going to notify CPJ-N to force me. I then repeated Dr. JENKINS' words ,
" force me" and then'as.:bd JENK!NS if.he had discussed this testiwith anyone.
JENKINS replied that he hec' didassd the test with his superior. I'then quesI t4cned Dr. JEhK?G ebout the (octor/?+t' ent i relationship,", and Dr. JENK!NS rept fad m
that he has to tulf evtr thirg to his sd;0rior. 4 m -
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i On Page 13, I also mentioned a conversation that I had with Mr. ARNOLD and Mr.
KANGA concerning the examination. I felt resentment that Mr. KANGA was present when Mr. ARNOLD brought up sucn a sensitive issue as the examination. The first time that Mr. ARNOLD mentioned the examination he stated that Dr.
JENKINS said that the test was important. The second time that Mr. ARNOLD I mentioned the examination, it was in reference to my condition witn memory problems and that it was important to find out what effect the stroke had on my thought process. The third time during that conversation that Mr. ARNOLD brought up the examination, he said that it was iricortant and needed for job placement. '
A On page 13, I discuss my personal doctor's phone call to Dr. JENKINS. Dr. JONES
(*)
V . .
(N. later told me that he could sense, in that conversation, that Dr. JENKINS was
- under pressure to have me take the examination. Dr. JONES stated that, if certain conditions were met, I should take the test and that he felt that I would pass the test.
On the sfur ao >n of April 'th, af ter I delivar:d the affMavit to Mr. ARNOLD, the two of us had a meeting on the redical examination. ARNOLD ..as more deter-mined that I should take the examination. He eventually stated that he .iculd s
consider my cor.ditions for taking the examination. Cn April 5th I received a f nemo dated April 4th, from Mr. ARNOLD, which indicated that he had 3ccepted my ccnditions, and that we shculd proceed with the examination.
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I would also like to point out that on April 5th I %d a raating with Mr.
ARNOLD concerning the issues I had raised on the Polar Crane. 'ir. A NCLD, at
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the start of the meeting, accused me of being associated with GAP. I replied that I had genuine safety concerns and that I had legal assistance in preparing the affidavit. ARNOLD stated that he felt that my differences were based on 4 professional jealousy at not being in a position to run the program. I discussed at length'my professional concerns with Mr. ARNOLD arid. I felt that he began to
' \'
believe somewhat my point of view and that my concerns were genuine.
I have read the feregoing statement consisting of 13 typed pages. I have made and initialed any necessary corrections and have signed my name in ink in the margin of each page. I swear that the foregoing statement is true and correct. ,
l Signed on My /d. /'/d at 7.Tk ?l\ '
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SIGNATURE: fh [
' Subscribed and sworn before me this /o
- day of f%e y 19 0s , at
-Q' k Jo at s~ow a. GA .
INVESTIGATOR:
Name M
m p. M5gts
.e Title
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(202)663 6474 TE LECOPsE R (202)223 3760 & 223 3761 cavic a Lew's April 22, 1987 * '
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872770 George E. Johnson, Esquire Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of GPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit No. 2)
Docket No. 50-320; EA 84-137 /4
Dear George:
Enclosed is the Certificate of Deponent for Edwin Gischel's deposition in this proceeding.
Sincerely, David R. Lewis Counsel for GPUN Enclosure s
O
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CERTIFICATE OF DEPONENT l
I, Edwin H. Gischel, have read this transcript of my deposi- )
l tion taken on Thursday, January 15, 1987, and with the exception of the corrections noted, if any, find it to be a true and accurate record of my testimony.
Q-a- g 7 Date
[ ' N.
Edwin H. Gischel
--(x ,.
'.'t Si[ned,this/[ day,of,Op./',
1987
. d.4.pt.4%. /b n \ ' ' .- '" ~} ,7 i Bli..UCE ti Ot,USCittRe NDIARYbNCC g
i ASTON, H03IEAMP10!! COUNTY <
MY CCMMIS'10N J (1PiRIS IAARCH 26.1990 !
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Notarp Publid' ;
Municipality: j i My commission expires:
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Page 1 of 2 Comment /Erratta Sheet; E. H. Gischel Deposition given on the PARKS matter,15 January,1987, at NRC Office in Middletown, Pa.
Deposition Line Comment Page No. No(s) 1 7 24 Rephrase to read: l
... anything to your left of your face. (clarification) l 24 23 Delete the word ... really (editorial) 1 24 24&25 Rephrase to read:
... think, documented in my affidavit, about issues l which were causing me concern. There just appeared to be something wrong. (clarification) 25 5 thru Substitute the following:
11 ... the polar crane refurbishment program. I was told by Mr. Barton to just stay out of it. When the crane was ready to return to service, the polar crane task group would provide the necessary documentation to enable us to recertify the crane. However, as Plant Engineering Director, I was the person ultimately responsible for certifying the crane's readiness to return to service. In order to do so, we would have to be able to document everything that was done to the crane and certify it's adequacy. I didn't see any way of doing that in good faith, with the way the program was being conducted. (clarification) 43 25 Delete the response. No question is formulated in the preceding Q., and the interruption lost both the content and context of the implied question, apparently to which the answer on line 25 was directed.
44 1 thru Delete. I don't know who's retirement is in question 6 here, or any circumstances relating thereto.
100 1 Plant engineering misspelled 100 10 Plant engineering misspelled 150 19 Add period after ... day. ... delete the word ... and
... (editorial).
150 20 Add period after ... home. ... delete the word ...
and ... (editorial) 151 1 Delete first word ... And ... capitalize the word ...
It ... (editorial)
1 Page 2 of 2
(,) omment/Erratta Sheet; E. H. Gischel Deposition given W i
on the PARKS matter,15 January,1987, at NRC Office in Middletown, Pa. .
4 Revise ... so I got ... to read ... I pulled ...
(editorial) ..
b .
5 Add period after ... so. Delet e . . . and . . . 1 Capitalize ... Again ... (editorial) 6 Delete the word ... again. (editorial) 7 Substitute the word ... Once ... for the word ... And
... (editorial) 10 thru Rephrase to read:
14
... I went into the house, sat down in my chair and tried to relar, but the tremors just kept getting worse.
My wife finally called the Emergency Squad, .
who came and took me to the hospital. (clarification) j j
(
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