ML20238C719
| ML20238C719 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 04/07/1987 |
| From: | J. J. Barton GENERAL PUBLIC UTILITIES CORP. |
| To: | |
| Shared Package | |
| ML20238C505 | List:
|
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8712310178 | |
| Download: ML20238C719 (132) | |
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OR G NA-o' UN11ED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-320 '
(Civil Penalty)
GPU NUCLEAR CORPORATION License No. DPR-73, (Three Mile Island Nuclear EA84-137 Station, Unit No. 2)
DEPOSITION OF JOHN J. BARTON
, (m L)
LOCATION: GAITHERSBURG, MA RYLAND PAGES: 1- 122 DATE: TUESDAY, APRIL 7, 1987 ACE-FEDERAL REPORTERS, INC.
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k} OfficialReporters 444 North Capitol Street Washington, D.C. 20001 8712310178 871209 (202)347-3700 PDR ADOCK 05000320 T PDR NATION %TDE COVERAGE
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.COX/sjg 1 1 UNITED STATES OF AMERICA -
['D'
(> - 2 NUCLEAR REGULATORY COMMISSION
.i BEFORE THE ADMINISTRATIVE LAW JUDGE
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4 : )
In the Matter of: : Docket No. 50-320 1 5 : (Civil Penalty) j GPU NUCLEAR CORPORATION :
6 : License No. DPR-73 1 (Three Mile Island Nuclear : EA84-137 s Station, Unit No. 2) :
7
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9 DEPOSITION OF JOHN J. BARTON 10 Gaithersburg, Maryland 11 Tuesday, April 7, 1987 12 j Deposition of JOHN J. BARTON, called for examination i
(]
v 13 pursuant to notice of deposition, at the offices of the Bechtel i 14 (
Corporation, 15740 Shady Grove Road, at 9:40 a.m. before WENDY 1 l
15 S. COX, a Notary Public within and for the District of Columbia, 16 when were present on behalf of the respective parties:
1 17 GREGORY ALLAN BERRY, ESQ.
18 Office of the Executive Legal Director ]
g United States Nuclear Regulatory Commission Washington, D. C. 20555 1 20 On behalf of the Nuclear Regulatory Commission.
21 22 J. PATRICK HICKEY, ESQ.
Shaw, Pittman, Potts
& Trowbridge 23 2300 N Street, N.W. l Washington, D. C. 20037
.() 24 On behalf of GPU Nuclear Corporation.
25
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ACE FEDERAL REPORTERS, INC.
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2-L 1 APPEARANCES (Continued):
O 2 KENNEDY P. RICHARDSON, ESQ.
Thelen, Marrin, Johnson 3
& Bridges One Kaiser Plaza 4 Suite 1950 oakland, California- 94612 5 On behalf of GPU Nuclear Corporati on .
~6 7
MICHAEL W. MAUPIN, ESQ.
Hunton & Williams i 707 East Main Street 8 P. O. Box 1535 Richmond, Virginia 23212 9 On behalf of the Deponent.
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3 O 1 CONTENTS 2 WITNESS EXAMINATION John J. Barton 3
by Mr. Berry 4 by Mr. Hickey 117 5
6 EXHI BI TS BARTON EXHIBITS IDENTIFIED 7
Exhibit 1 6 8
Exhibit 2 110 9
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d 1 PROC ERDI NGS 2 Whereupon, 3 JOHN J. BARTON 4 was called as a witness and, having first been duly sworn, 5 was examined and testified as follows:
6 EXAMINATION 7 BY MR. BERRY :-
8 Q State your name, full name, and spell your last ,
I 9 name for the record, please.
10 A John, middle initial J, last name Barton, 11 B-a-r-t-o-n.
12 0 By whom are you employed, Mr. Barton?
13 A GPU Nuclear Corporation. l 14 Q In what capacity?
15 A I am the deputy director of the Oyster Creek 16 Nuclear Generating Station.
17 Q Where is Oyster Creek? ,
18 A Located in Forked River, New Jersey. 1 19 0 Mr. Barton, are you represented by counsel today?- )
l 20 A Yes, I am.
21 Q I notice Mr. Maupin is accompanying you. Does
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22 Mr. Maupin represent you in your personal capacity?
q 23 A Yes, he does.
24 Q Are you also represented in your professional )
i 25 capacity as an employee of GPUN? i f
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b 1 A Yes, I am. f 2 Q By whom are you represented today?
-3 A By Mr. Hickey. {
'4 Q I notice, Mr. Hickey, that you' introduced ;
5 yourselves, both you and Mr. Richardson, both indicated you j j
6 represented GPUN. I would like to know which of you has been 7 designated to raise objections;during this deposition.
8 MR. HICKEY: I don't know that we made any 9 designation, but I suspect that probably I will say most or y
10 the majority. ,.
11 MR. BERRY: You will say all of them, if there are 12 any.
[% 13 MR. HICKEY: Wel3, I wil] certainly consult with 14 Mr. Richardson.
15 MR. BERRY: That's fine.
16 BY MR. BERRY:
17 Q Mr. Barton, you have been deposed before, have you 18 not?
19 A Yes, I have.
20 Q You are aware the purpose of a deposition is to 21 enable one party to learn facts and other information that 22 could lead to the discovery of relevant evidence from another 23 party, from a witness such as yourself?
24 A Yes.
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1 anything or suffering any physical or other malady that could 2 af fect or impair your ability to stand up to the deposition ;
I 3 today?
4 A No, I am not.
5 0 If you feel fatigued at any time, or you need a
-6 break, just say so and, sir, we can do that for you. You i
7 know.that the court reporter can't pick up nods of the head, 8 shakes, things, you have to give audible responses to the 9 questions.
10 If you don't understand the question that I ask 11 you, say so,.and I will try to rephrase it or find out what 12 it is about the question that you don't-understand. At the 13 completion of this deposition, you will have an opportunity 14 to review it, to make any changes or corrections necessary to 15 the transcript to ar.durately reflect your testimony and your i 16 knowledge. I will ask you to sign the deposition and return 17 it to me.
18 A I understand.
19 Q Mr. Barton, I am going to show you a copy of'the 20 notice of deposition. I would ask the court reporter to mark 21 it as Barton. Deposition Exhibit 1.
22 (Barton Exhibit 1 identified.)
23 BY MR. BERRY:
24 0 I take it from your counsel's earlier remarks you 25 have not had an opportunity to see that notice of deposition q
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0 1 before; is that correct? .
I 2 A That's correct.
3 MR. HICKEY: Just for the record, since my earlier i 4 remarks'were before we began the proceeding, informally to 5 Mr. Herry, I told him that I had not receive,d a copy of the- ,
1 6 notice of deposition which is now being shown to the 7 witness. I don't believe that the copy the witness has in I 8 front of him has a certificate of service on it, but I 9 notified Mr. Barton of'.the'date and time of the deposition, 10 without having a notice in front of me.
11 MR, BERRY: That's fine. I can state from 12 personal knowledge that a copy of this notice of deposition >
A U 13 was sent out on the date that it bears, March 19, 1987, sent 14 to Mr. Hickey in care of -- to Mr. Barton in care of 15 Mr. Hickey. At this time I aa unaware as to why Mr. Hickey 16 did not receive it, and --
e.g 17 MR. HICKEY: Do you have a copy with a certificate 18 of service on it?
19 MR. BERRY: No, I don't.
20 BY MR. BERRY:
j 21 Q Mr. Barton, take a few minutes and examine the j i
22 notice of deposition. J I
23 You notice, Mr. Barton, that Barton Deposition 24 Exhibit 1 instructs you to bring with you to the deposition f
l 25 all records, notes, memoranda, files and documents, including l
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1 personal notes and documents in your possession or subject to 2 your custody or control, that relate to any of the matters 3 set forth in paragraphs 2 to 5 of the presiding officer's 4 order of August 13, 1986, which is attached to the notice of 5 deposition, as well as to bring with you documents, notes and 6 other records that relate to the consideration, 7 investigation, evaluation or resolution by Bechtel or GPU 8 Nuclear of any of the safety concerns or claims of 9 harassment, intimidation, discrimination or threat of 10 reprisal raised'by Mr. Parks in his affidavit of March 21, :
11 1983. .
12 I have asked you,-for the record, did you bring r
(
' 13 any such document with you today?
14 A No, I did not.
15 Q Do you have any documents responsive to this s 1
t 16 document request? j
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17 A The only documents that I have in my possession !
18 are copies of previous depositions, memorandum, dealing with <
19 the Parks issue.
20 Q Can you identify those documents for me, please?
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21 MR. HICKEY: Just a minute. Are you referring to j 22 the documents prov3ded to you by counsel?
23 THE WITNESSs Yes, I am.
I 24 MR. HICKEY: By me?
l 25 THE WITNESS: Yes. I O- f ACE FEDERAL REPORTERS, INC.
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%f 1 MR.. HICKEY: .In preparation for the deposition?
2 THE WITNESS: That's right, that's correct.
3 BY MR.' BERRY:
4 Q Can you identify those documents for me.
5 A I'have a copy of the' Parks affidavit.
6 Q That's Mr. Parks' affidavit of March 21, 1983?
7 A I don't know the date of it. If he had more than l a
8 one, I don't know. J 9 Q A 56-page affidavit?
10 A Could be. I don't know how many pages are in it.
11 I have a Parks affidavit. It's his original affidavit.
12 Q Fine. Any other documents? i
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- } 13 A I have copies of a deposition I have-given f 14 regarding Mr. Parks. I 15 Q To whom did you give that deposition? f 16 A NRC.
17 Q Do you recall the NRC official to whom you gave 18 the deposition?
19 A I believe a Mr. Meeks was one of them. j 1
20 Q When did you give that statement? ]
21 A I don't remember.
22 Q Was it only one statement? j 23 A There's another one also. Also NRC. I don't 24 remember who that was.
- 25 Q Do you remember the date?
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30475.0 COX 10 9 1 A No, I do not.
2 Q Any other documents, Mr. Barton?
3 A I have some memoranda regarding polar crane.
4 0 Can you describe those memoranda?
5 A They were the various subjects regarding a polar 6 crane. There was a memorandum, I think, from QA in there to 7 Mr. Kanga or myself, it's a memorandum from Mr. King to 8 myself, Ba1. lard in QA, and one from King.
9 Q So it was a memorandum from King to yourself?
10 A I believe that's correct.
11 Q And another one from --
12 A Mr. Ballard. It was either to myself or 13 Mr. Kanga. I don't recall that. Copies of quality 14 assurance, progress reports or assessment reports.
15 Q What is a quality assurance assessment report?
16 A It's a report that's put out periodically by a 17 quality assurance department on various quality issues on the 18 job.
19 Q To what -- what. quality issues do the QA 20 assessment reports in your possession' relate?
21 A There are many subjects in those reports. The s:2 reports cover all activities that are going on during the l l
23 reporting period.
24 Q Do you still have those documents, Mr. Barton?
25 A Yes, I do.
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l 1 Q Is your answer the same for the other documents -
2 you have described, the Parks affidavit, the depositions, the ,
I 3 memoranda?
4 A Yes. f 5 Q Are there any other documents? I 6 A No, sir.
7 MR. BERRY: Counsel, do you know if these 8 documents have been made available to the Staff?
9 MR. HICKEY: Yes, they have, to the extent they.
10 have been requested.
11 BY MR. BERRY:
12 0- Mr. Barton, do you know what interrogatories are?
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.k 13 A I am not sure. Do you want to refresh my memory, 14 please.
15 Q Interrogatories are a set of questions that 16 lawyers send out to other lawyers asking information related 17 to an issue in a case, factual information, generally. Does 18 that help?
19 A Okay, T am familiar with what you are talking 20 about.
21 Q Has anybody in -- strike that.
22 Are you aware, Mr. Barton, that this deposition is 23 being taken pursuant to an Enforcement -- NRC Enforcement 24 proceeding held at the request of GPUN to consider the i 25 allegations related -- recited in a notice of violation ACE FEDERAL REPORTERS, INC, 02-347-3700 Nationwide Coverage 80(L3364646
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7 30475.0 COX 12 I O LU 1 issued by the Nuclear Regulatory Commission to GPUN?
2 A I believe I am aware of that, yes.
3 Q Has anyone ever asked you to respond to 3 interrogatories propounded by the NRC Staff to GPUN in this 4
5 proceeding?
l 6 A Not that I am aware of, no.
7 Q Mr. Barton, could you describe - explain for me 8 the manner in which you keep your business records, your work 9 records?
10 MR. HICKEY: Now?
I 11 BY MR. BERRY:
12 0 When you were the director, deputy director at 13 TMI?
14 A Let's see. I didn't keep -- I am trying to 15 remember -- I occasionally kept a notebook.
16 Q What wou3d you keep in the notebook? .]
17 A Notes of primarily the. meetings that I attended. ;
l 18 0 Do you keep that notebook yourse3f or did someone '
19 else keep it for you? {
i 20 A No, I kept it myself.
21 Q Do you still have those notebooks?
22 A I don't know where they are.
l 23 Q Did you destroy them?
l 24 A No. )
l I l
25 Q When you left TMI, did you take them with you? j l
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1 A I may have.
2 0 You don't recall?
3 A I don't recall.
4 Q Does GPUN have a policy governing.whether 5 employees may remove records when they are transferred from 6 one site to another?
7 A I don't know of any such policy.
8 Q If there were such a policy, wou]d you know of it?
9 A I may be aware of it. There are lots of 10 policieu. I am not thoroughly familiar with al] the 11 policies. The company has hundreds of policies.
12 0 You mentioned earlier that your counsel made t
13 available to you certain materials in preparation for your 14 deposition, and you listed them. Did you review any other 15 materials in preparation for your d'aposition?
16 A There were more materials than the four or five I 17 mentioned to you, but I don't recall what they are. But they l 18 were all depositions and memorandum, but that's all, all the 1
19 same type. There are just more than the few I mentioned. )
20 0 Are some of the depositions that you reviewed 21 depositions of other people? {
22 A Not in total, but there were excerpts of others.
23 Q Can you identify those individuals whose excerpts 24 of whose depositions you reviewed?
25 A Mr. Chwastyk.
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l 1 g H 3 .s tirut name la Jos(phi es it not? ,
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l' l' 2 A Correct. ' '
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3 A That's the onli'one that'comen to,ulnd right noNor g 4 Q May there havgueen otheis?
a 1 5 A I am not surej -
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6 Q The depou'ttion'of Mr. Ch<ulyk, is th'at' an _,80?C l
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8 A I don't remember. $. aSV' have A ' pagry or two. -
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. t 9 Q Was it th Scestion asi answer format?
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l 10 A I believe it wan . ,
i.
11 Q Mt. Barton, outside, of;yout:atterneys, did you.
i g 12 discuss any of your testimony wi.th r[r?y d n e e l s e ?
'v) 13 A No, I have' pot. t 14 Q Are you aware, Mr . 'h sr taen , that on Ma.Feb 23, 1983, 15 Richard Par?ts held a press confere; ice -in PennsylvLnin?
16 A No, I wasn't, a w a r e o f .f.t h n t .t ,
17 Q Are you aware of it now alsyou sit hele today? ,
i 18 A I thought he he3d the press. conference in 19 Washington. That's all I know t. bout a press cotKerence that 20 Parks had. s 21 Q Is tha t 'the pres s conf erence where M'r . Park ,
22 released the af d.idavit that you referr ed toi carlier?
23 A It vuay have been. I wasn't. there.
24 Q Are you avsre that Mr. Parks rained.'t.cucerns about
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- 25 the polar crane at Tf.I 2?
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1 A Yes, I was. .
'2 Q ,Are you. aware: that Mr. Parks a.11eged that adve de 1, h g i
3 actions were taken against him as a consequence for. raising ,
4 concerns regarding the' polar crane? )
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h A Yes, I haard that. ,
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6 0 You are awMre that the Department of Labot 7, compliance officer' initially apreed with M'.r Parks?
i i 8 MR. WICKEY: I am going to object to the 9 characterization bof the compliance officer's report. I don't q
10 think that's accurate. .2;
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11 MR. BERRY: Your objection is noted, 4 6; o ,,
12 % .. An I',8,till supposed to answer his .
% THE WITNESS:
l O i x 13
~ question?
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r 14 [Nid. BERRY: Yes. 'a
> .s 15 MR. HICKEY: Yes .i -
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16 rf1E WITNESS : Would'you please repeat the
^^
17 question. ,
18 BY NR.'BE%RY: i 19 Q Are you aware that the Department of Labor !
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j 20 compliance officer agreed with Mr. Parks' allocat3cns that 21 adverse actions had been taken against him for raising safety l
22 concerns?
23 A Yes.
24 Q Are you aware also tha t the director of the Of f 3 ce i 25 of Inspection,and Enforcement also agreed with Mr. Parks' 1
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1 allocations and proposed to assess a $64,000 civil penalty j W \
2 against GPUN? (
l 3 A I don't know the decision, but I know there was a 4 letter having to do with the $64,000 penalty.
5 Q Your deposition is being taken in connection with
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6 the hearing held to determine whether that penalty should be 7f imposed. )
8 ,
Let me ask you, Mr. Barton, when you stated you 9 have been deposed or interviewed by the NRC in connection 10 with Mr. Parks' concerns, have you been interviewed or
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'. y 11I deposed by any other group or party?
3 12 A Mr. Edwin Stier.
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\s', 13 Q When were you questioned by Mr. Stier?
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- 14 A I do not recall . th( date.
15 Q Do you recall the year?
16 h 1 believe it to be 1983.
17 Q Were y^u questioned by any other party, any other
'i., 18 person?
19 A An attorney that worked for Mr. Stier. I don't 20 recall his name right now.
i-.
. . 21 Q You were questioned by lawyers representing
,1 ,
22 iqch tel Corporation?
23 A Not to my recollection.
L 1 24: Q Were you ever interviewed by Mr. Richardson?
l 25 A Not that I recall.
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30475.0 COX 17 O Your counsel has been good enough to make 1 Q 2 available to us a copy of a deposition given by you and a 3 Larry King, DOL proceeding. Do you recall being deposed on 4 that occasion?
5 A Yes, I do.
6 Q Have you reviewed any or all of those statements 7 recently?
i 8 A No, I have not.
l 9 Q All right, Mr. Barton, I would like to find out a 30 35ttle bit more about you. I understand that you are no 11 longer assigned to TMI Unit 2?
12 A That's correct.
13 Q When did you leave TMI Unit 2?
l 14 A It was approximately November, 1984.
15 Q Where did you go?
16 A To Oyster Creek.
17 Q You have been there ever since?
18 A That's correct.
19 Q What are your responsibilities -- what is your 20 title, again, at Oyster Creek?
21 A Deputy director.
22 Q Deputy director of?
23 A Oyster Creek Nuclear Generating Station.
I 24 Q What are your responsibilities as a deputy 25 director of Oyster Creek?
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- l. 30475.0 l COX 18 lO l- 1 A I am second in command for the overall operation 1
l l 2 of the generating station.
l 3 Q Who was first in command?
l 4 A Peter Fidler.
5 Q What were the circumstances leading to your 6 leaving TMI Unit 2 and going to Oyster Creek?
1 7 A Well, the TMI-2 organization was a joint l
1 8 organization with Bechte3 and GPU, side by side, an 9 integrated organization working for the cleanup of TMI-2.
10 Sometime in 1984, I believe, there was an agreement between 11 GPU and Bechtel that a GPU person would be named to head up 12 the recovery effort. And since it was an integrated 13 organization when Mr. Kanga was the director, he was a 14 Bechtel emp.loyee, the deputy slot was a GPU position which I 15 held. And when the agreement was reached with Bechtel and 16 GPU that a GPU person would run the recovery program, it was 17 also agreed that the deputy position, integrated, should be a 18 Bechte.1 person filling that position.
19 So at that time I was transferred to a vacancy at 20 Oyster Creek.
21 Q Prior to that, you were the deputy director of 22 TMI-2 and Mr. Kanga was the director of TMI-2?
23 A That's correct.
24 Q If I understand you, sometime in 1984, a decision 25' was made to reverse that organization and make the GPU ace FEDERAL REPORTERS, INC.
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1 employee the ranking official at TMI-2 and the Bechtel person 2 the deputy or the second ranking official; is that correct?
3 A I think that's what I just stated, yes, sir.
4 0 Who became the directing -- the ranking GPUN l
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5 official?
6 A Mr. Frank Standafer.
7 Q What was Mr. Standafer's position prior to being 8 appointed TMI-2 director?
9 A I do not know.
10 0 Was he employed at TMI?
11 A No, he was not.
12 Q Do you know his background?
13 A He came from, I believe, DOE at Hanford.
14 0 Do you know if any consideration was given to 15 naming you the TMI-2 director?
16 A No, I do not.
17 Q Do you know what the qualifications are for TMI-2 18 director?
19 A I believe I know generally what they are, yes.
20 Q Do you meet those qualifications?
21 A Yes, I do.
22 Q Mr. Barton, did you make any effort to obtain 23 TMI-2 director position for yourself?
24 A No, I did not.
25 Q Now, the decision that you related earlier about ACE FEDERAL REPORTERS, INC. <
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30475.0 COX 20 O switching the deputy and the director positions between 1
2 Bechtel and GPUN, do you recall when that decision was made?
3 A No, I do not. I think it was sometime in '04, as 4 I indicated ear 3ier.
5 Q You departed in November of '84.
6 A Correct, l
7 Q Do you recall how much time, in relation to your 8 departure, that decision was made, or you first became aware 9 that the decision had been made?
10 A Shortly before Mr. Standafer arrived. I don't 11 reca)) when that was now.
l 12 Q When did Mr. Standafer arrive?
l 13 A Sometime mid '84.
14 Q He arrived before you left?
15 A Yes, he did.
l 16 Q Who is the deputy director at TMI-2 now?
17 A I believe Mr. Demmit.
10 Q Demmit, would you spell that?
19 A D-e-m-m-i-t, I be3ieve, first name is To:n.
20 Q Do you know when Mr. Demmit assumed the position 21 of deputy director of TMI-2?
l 22 A Must have been the time I left, because he j 23 relieved -- Tom re33eved me in the fall of '84.
24 Q Do you know what position Mr. Demmit held prior to 25 being appointed to the deputy director position?
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30475.0 cox 21 0 1 A No, I do not.
2 Q Was he employed at TMI?
3 A No, he was not. !
i 4 Q Do you know where he came from? '!
'S A I believe Bechtel National in Tennessee.
6 Q Where is Mr. Kanga; do you know?
7 A Pardon?
8 Q What happened to Mr. Kanga; do you know?
9 A I believe Mr. Kanga came back and assumed the 10 position in Gaithersburg.
11 Q Now, Mr. Barton, I would like now for you to 12 describe 1?or me your work experience in reverse chronological I'
13 order, starting at your -- the TMI deputy director position 14 and working backwards.
i 15 A You just want to know the titles of the positions 16 I held? How far back do you want me to go? j 17 Q We wil) start with that for now, i
18 A All right. l l
19 Q Back unti) -- strike that. How long have you been )
20 employed with GPUN?
21 A Since October of 1971.
22 Q Let's go back to 1971. l l
23 A I was the deputy director at TMI-2 from August or l l
l 24 September, 1982, until November of 1984. P;rior to that, I l-l Pt was the acting director of TMI-2 from September-October '81 l l-j l
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30475.0 COX 22 1 till August of 1982, 2 Prior to that, I was the director of site 3 operations at TMI-2. From.sometime -- I don't remember, fall 4 of '80 or. spring'of '80, until I became the acting director i 5 in the fall of '81. Prior to that, I was in charge.of 6 operations and maintenance in waste management, and I was 7 assisting Mr. Een Rusche.
8 Q Operations -- -- s
'N , ,
9 A Waste, maintenance, construction l Ben R-u-s-c-h-e,'
-10 first name is Ben, Rusche.
k-11 Q Okay. Do you recall the dates that you had that 12 position? i O 13 A Shortly after the accident, May of '79, until I 14 became director of site operations, which would have been, I 15 don't remember, early '80. :
16 Q And before that?
37 A Before that I was the project site manager for the l
18 Forked River Nuclear Generating Station. And that assignment 19 was from June, I believe, of '78, until May of '79. Prior to 20 that, I was the project manager for TMI-2 from June of '78, l l
21 back to about August of '77, and from August '77 back to 22 October 1971, I was the startup and test manager for GPU 23 Service Corporation in charge of startup of all new 1 i
24 generating facilities within the GPU system.
i 25 Q What were those dates again, June 1971?
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l 30475.0 COX 23 l 1 A It was, maybe, August of '77, back to October of 2 '71.
3 Q Were you employed in the nuclear industry prior to l
1971?
4 l
l 5 A Yes, I was.
l 6 Q Could you just briefly tell me about your 1
! 7 experience?
l 8 A I worked with Burns & Rowe, it's an architect L 9 engineering firm and a construction management firm in New l 10 Jersey. I was the assistant operations manager in the !
11 construction department responsible for the startup and test 12 work that Burns & Rowe was contracted for at Oyster Creek at
\s) 13 Cooper Nuclear Station in Nebraska. And one of the i
14 Washington public power projects in the state of Washington.
15 Q How long were you with Burns & Rowe?
16 A From the fall of 1967 until October of '71. I 17 left Burns & Rowe to go work for GPU.
18 Q Mr. Barton, when did you begin your career in the 19 nuclear industry?
20 A 1959.
1 21 0 Is that when you graduated from college?
I 22 A No, sir.
23 Q Would you describe your educational background for i
24 me.
f- 25 A Graduated from the United States Merchant Marine l 1
L.)y .
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30475.0 COX 24 V'O i 1 Academy, Kings Point, New York, in 1957. Bachelor of 2 science, marine engineering, commissioned officer of the 3 United States Navy.
4 Q Is that an ensign?
5 A Yes, sir.
6 Q How long did.you serve in the Navy?
7 A Approximately one year.
8 Q other than a degree from the Merchant Marine 9 Academy, do you have any other degrees, educational degrees?
10 A I have received various training through my years 11 of working in the Naval Nuclear Program, which encompassed 12 the years 1959 to 1967.
13 Q Describe that training for me? l 14 A I received training to conduct test programs i
15 aboard nuclear submarines and surface ships. While I worked .
1 16 for a shipbuilding corporation that was building ships for !
17 the Navy, nuclear vessels in the Navy, in that time frame.
18 Q What was the name of that company?
19 A New York Shipbuilding Corporation.
20 0 Where are they located?
21 A Camden, New Jersey. ]
22 Q I want to fo13cw up on some information, l
23 Mr. Barton. When you were the deputy director of TMI-2, what I
i 24 were your duties? l l
I 25 A I am try3ng to recal3. Kanga was the director. l (q/ 1 l
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i 30475.0 COX - 25 1 You asked me when I was the deputy director at TMI-2?
2 Q Before you answer that, let me clarify that. When 3 did you become the deputy director? August 1981?
4 A No. It was August of 1982.
5 MR. BERRY: Thank you, Mr. Maupin.
6 MR. MAUPIN: Was that audible?
7 MR. HERRY: Yes, I appreciate it.
8 BY MR. BERRY:
9 Q Now, I am vaguely familiar with a reorganization 10 or integrated management organization at TMI-2. Did you 1
11 become a deputy director before or after that transition.took 12 effect?
13 A That's part of it.
14 Q That's part of it. I am sorry, I think I might 15 have cut you off when you were telling me what your duties 16 were as the deputy director.
17 A Yes, Mr. Kanga had split the office of the 18 director and had assigned me certain of the functions, and I 19 am trying to recall what they all were. I can't be specific, 20 but basically he had assigned some of the functions of TMI-2 21 to report to me and the rest of the organization reported 22 into him.
l 23 Q Did you have any duties, Mr. Darton, independent 24 of them being assigned from Mr. Kanga?
25 A Can you be more specific?
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1 Q Yes. Was there any document, order, guideline or 2 instruction or any other written record outlining.the system 3 or the structure as it was to function once the 4 reorganization was effectuated? l 5 A Yes, there was.
6 Q Can you identify that document for me.
7 A To the best of my recollection, there was a 8 memorandum issued, and I think it may have been jointly 9 signed by Mr. Arnold and Mr. Kanga, or may have been just 10 Mr. Kanga, I don't remember.
11 Q When was that issued, do you know?
12 A It wou.ld have been in the August-September time 13 frame. About the same time the reorganization was 14 implemented. It showed the organizational structure in the 15 new integrated organization.
36 Q Did the memorandum, did it identify specific i 17 duties or responsibilities of the TMI-2 director?
18 A I don't recall whether it did.
19 Q Would your answer be the same if I asked you the )
20 same auestion wii.h respect to the deputy director of TMI?
21 A Yes, sir, it would be.
l 22 0 What kinds of functions did Mr. Kanga assign to I 23 you? ,
i 24 A I said before, I don't remember al) of them, but I 'l g 25 did do all the personnel work for the GPU people, ;
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30475.0 COX 27 O administrative and personnel. I was the TMI-2 representative 1
i 2 on the general office review board, which is an overview 3 safety review group. Those are the only two that come to l 4 mind right now.
1
( 5 Q If others come to mind -
l l 6 A Sure.
7 Q -- if you would be so good to J et me know, I would 8 appreciate it.
l l
9 MR. BERRY: Why don't we take five minutes. Why 10 don't we take 10 minutes.
11 (Recess.)
l l 12 BY MR. BERRY:
j O 13 Q What were your responsibilities in connection with 14 personnel?
l l 15 A The administration of the annual performance l
16 evaluations and the annual salary actions.
l i 17 0 Did that mean you performed the evaluations 1
18 yourself?
19 A No, it doesn't. It means that I performed some of l
20 the eva'uations to my direct reports, and I was overall 21 responsible for the administration of the annual performance l 22 evaluation.
l 1 23 (Discussion off the record.)
24 BY MR. BERRY:
1 25 0 Mr. Barton, how many people did you perform - did l
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30475.0 COX' 28 1 you evaluate yoursd f?
'2 A Approximately, I would say, eight to 10.
3 Q Can you describe those persons either by name or 4 by title?
l 5 A It would have been the licensing director, the 6 site operations director, I don't remember the other title.
l 7 Q I have what appears here to be an organizational 8 chart of GPUN C-TMI-2 division. Bears the date of August 31, 9 1982. I believe this document has been made available to the 10 NRC by GPUN. I would show it to you and ask if it refreshes 11 your recollection as'to the other individuals you may have 12 evaluated.
l l
A 13 A The technical planning director, and I guess that l
14 is it.
15 0 When you say that is it, does that mean after 16 having reviewed that document --
17 A My secretary is not on here, so that would have 18 been another one I would have had to direct the review of --
19 not review, I would have had to perform the evaluation, i 20 Q I take it it wasn't within the scope of your 21 duties to perform an evaluation of Mr. Richard Parks? ;
1 22 A No, it was not. l 1
23 Q Whose responsibility was that, if you know? j 24 A Bechtel Corporation, I believe. j Well, of the Bechtel personnel employed at TMI, ;
25 Q L
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'30475.0 l . COX 29 O
O 1 again, if you know, did Bechtel personnel evaluate their 2 on-the-job performance?
3 A Did Bechtel evaluate their employees's l _4 performance?
5 Q Yes.
l l- 6 A 1 believe Bechtel did evaluate their performance, 7 yes, sir.
i 8 Q For example, who would evaluate Mr. Kanga, if you 9 know?
10 A I don't know by name who would have evaluated 1
11 Mr. Kanga's performance in Bechtel, but Mr. Kanga was 12 seconded to GPU, so I believe that Mr. Arno3d would have 13 either conducted Mr. Kanga's performance and reported to 14 Bechtel.
l 15 Q For other Bechtel employees that were seconded to 16 GPUN, would that mean that they would then be evaluated by 17 GPUN?
18 A I don't know of any others that were seconded to 19 GPUN. I can't answer your ques tion.
20 Q Mr. Parks was not seconded to GPUN?
21 A You better define for me what you mean by -- would 22 you define for me what you mean by " seconded."
23 Q I mean in the sense that you use the term.
24 A I think it was different in Mr. Kanga's case.
1
- 25 Mr. Kanga was acting as a GPU employee even though he was a j 1
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1 Bechtel -- an officer in Bechtel Corporation. That .
2 arrangement needed to be such so Mr. Kanga could sign l l
- 3 official documents in GPU as though he were an officer in-GPU j l i 4 also.
l 5 0 To the best of your knowledge, Mr. Kange was the 6 only Bechtel Corporation official that had that arrangement?
7 A To the best of my knowledge, that's correct.
8 Q Who were your immediate subordinates to your TMI-2 9 director, Mr. Barton?
10 A When I was the TMI-2 director?
Il Q Deputy director.
13 ry e
~
Q 14 A Let me state it this way. The' office of the 15 director had Kanga au the director and Barton as the deputy.
16 All the department heads reported to the office of the 17 director. But the way the responsibilities were shared, I 18 guess you could say that all of the Department heads reported 39 to the of fice of the director, to Kanga and myself.
20 Q Correct me if I am wrong, but what I hear you 21 naying is that Mr. Kanga is the director.
22 A Yes.
23 Q Had a31 the responsibilities, and you on3y had 24 that that was delegated to you by Mr. Kanga?
25 A It was never that clear in writing that it was l
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30475.0 COX 31 1 that way. It was that the office of the director, both of us 2 had responsibilities for the project. The certain areas that 3 I was assigned specifically had to deal basically with the j 4 GPU personnel assigned to the project and the safety overview I
5 group. But for the day-to-day running of the business, 6 although Mr. Kanga was responsible as a director for, overall I
7 responsible for the project, I, as his deputy, was not 8 prec3uded from participating in any of the day-to-day (
1 9 activities. l f
10 Q In your capacity as a deputy director at TMI, did 11 you serve on any committees or boards other than the GORB? f 1
12 A I participated under group meetings. I did not l 9 13 sit as a member though.
l l
l 14 Q The deputy director or -- the deputy director is l l
15 not an ex officio member of TWG, for example?
16 A I don't recall that being the case, no.
l 17 Q Did you participate in the deliberations of the l l
18 TWG task work group? I l
19 A I may have. I don't specifically recall. I 20 Q If you did, would there be a record of your 1
21 participation?
22 A There may be TWG minutes to that effect, I don't l l
23 know.
24 Q I take it you are familiar with the TWG?
25 A At that time, yes, I was.
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L .30475.0 COX 32-1 Q Can you tell me what the test working group is? :
2 A It was a group that represented various 3 organizations on-site to review and approve test procedures 4 and to review test results.
5 Q What kinds of test procedures?
6 A Doth construction and functional test procedures.
7 Q The functional test procedure, is that like an 8 operating procedure?
9 A Similar to it. The difference being.that it talks 10 about the operation of the system in the conduct of a test on 11 that system, there it bears a resemblance to an operating 12 procedure, but it's different from a normal system operating
.O
\_/ 13 procedure.
i 14 Q When was the test work group created, do you know?
15 A The question was what?
16 0 When was the test work group created?
17 A I don't recall.
18 0 Do you recall the time frame?
19 A No, I don't.
20 0 Do you know how it was created? l 21 A Yes. We had a test working group during the 22 construction of TMI, and as part of the recovery operation )
23 and recovery organization, we made a decision to reinstitute i f
24 a test working group to organize the testing program for the J I
25 recovery project.
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j- 30475.0 l.. COX 33 O In what circumstances does the test working group 1 Q
'2 have jurisdiction?
1 I' 3 A Explain to me what you mean by jurisdiction.
4 Q Well, let me rephrase it. Who decides whether the 5 test working group should be involved in a. matter or not?
6 A I think the procedures probably have defined 7 that.
8 Q What procedure is that?
9 A There was a procedure that dealt with the conduct 10 of the test working group. I don't recall the number 11 offhand. I 12 Q AP-1047 sound about right?
13 A That could'be the right number, yes.
14 Q Do you know how members'are selected for the test 15 working group?
16 A I don't recall specif3cally.
17 Q Do you recall generally?
18 A Nominated by their department head maybe, I don't 19 recall.
20 Q As the deputy director at TMI, did you have any 21 responsibility or involvement in the selection of the 22 membership on the TWG?
23 A I don't recall that I did.
24 Q Do you know the members of the TWG during the time 25 that you were the deputy director at TMI?
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30475.0 COX 34 LO 1 A There was a member from site operations and a 2 member from engineering. That's.all I remember right now.
3 Q Mr. Barton, do you know how.often the test working 4 group met?
5 A No, I do not.
6 Q Did'the procedure require regularly scheduled 7 meetings?
8 A I believe the procedure had some guidance in it i
9 with respect to minimum number of meetings, something like 10 that. Minimum frequency of meetings.
11 Q Do you remember what that minimum was?
12 A No, I do not.
(' . .
Do you know if the TWG met often enough to comply l
. -13 Q 14 with that guidance?
15 A I believe there was a time when it did not meet, 16 when the frequency, as spelled out in the procedures -- 1 17 because there wes very little testing activity that went on 18 for a long period of time during the recovery.
19 Q Do you recall the period when they did not meet 20 frequently enough to satisfy the guidelines in the procedure?
21 A No, I don't, although 1981 was not a year that 22 there was a lot of testing activity going on, as I recall.
23 Q Were you on the service list to receive minutes of i
24 the TWG meetings?
25 A I don't remember receiving TWG minutes.
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[ 1 Q Do you know if the deputy director.of TMI-2 was 1 !
l 2 required by procedure or otherwise to be turnished with a 3 copy of the TTAG meetings?
4 A I do not remember that.
5 Q Is that customarily a requirement, that committees j
6 and groups report their deliberations to the deputy director 7 of TMI?
8 A I can't recall if that specifically was.a 9 requirement, no.
10 0 If it wasn't embodied in a particular -- any l
11 particular procedure, do you recall if that was the policy of 12 a deputy director at TMI-2?
b 13 A To require copies of the test working group 14 ~ minutes?
15 Q For the test working group to report to you as to 16 their deliberations, their meetings.
17 A No, I do not. I do not remember that.
18 Q What kind of supervision, if any, did you have 19 over the test working group?
20 A I don't recall having any direct supervision in 21 the test working group.
22 O How did you -- well, let me ask you this, if you 23 kept yourself apprised of the deliberations within the test 24 working group during the period that you were the deputy 25 director at TMI?
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d 1 A If you are asking me, did I know that the test 2 working group had meetings, yes, I knew they had meetings.
3 Q How did you know that?
4 A I don't remember who told me.
5 Q How would you know or did you know what they would 6 discuss when they would meet?
1 A I assume they would be discussing testing issues.
8 Q Would you know which particular testing issues?
9 A I assume they would be discussing testing that 10 would have been performed in.those procedures on the ongoing 11 work at the time that required their involvement.
12 Q Who did the test work group report to if they 13 reported to anybody?
14 A I believe they reported to site operations.
15 Q Site operations reported to the office of the 16 director?
17 A Correct.
18 Q Do you know Richard Parks?
19 A Yes, I do.
20 0 In what capacity do you know Mr. Parks?
21 A I knew him as an NUS employee that was working at 22 TMI-2 shortly after the accident.
- 23 He left TMI-2 and then came back a year or so 24 later as a Bechtel employee assigned in the test I
25 organization.
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l V j 1 Q How many personnel levels was Mr. Parks removed i
l 2 from'you, from your level as to deputy director, TMI-2, and 3 where would Mr. Parks fit on that chain?
1-l l
4 A Probably two or three levels below me. l l 5 Q You can pinpoint it. I will show you again the-l l 6 document that I referred to earlier, the organizational l
i l- 7 chart, and you can take a look at that and see if that would l
l 8 help you identify with any more specificity where Mr. Parks 9 -would.be located in the organization.
10 A I can't even find him on this organization chart.
11 Q That's fine. Is the organization to which he was 12 assigned represented on that chart?
l 13 A Yes, I believe that's correct.
14 Q Which organization is that? .
15 A Site operations.
16 0 Was Mr. Parks a member of the test working group? l
-1 17 A Yes, I believe he was. I i
18 Q Do you know how he became a member of the test j 1
19 working group? ;
l 20 A No, I do not. l i'
21 Q Had you heard that he was selected by a I
22 Mr. Kitler? !
23 A I don't recall that I remember that, no. !
l 24 Q But you were aware that he was a member of the !
1 25 test working group at the time he was, in fact, a member of 0
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1 the test working group?
2 A Yes.
3 0 Do you know what Mr. Parks' responsibilities were?
4 A To the best of my recollection, Mr. Parks was the 5 site operations representative on the test working group.
6 Q Do you know what responsibility, if any, does the 7 site operation and testing representative have on the test 8 working group?
9 A I don't recall if it's any different than the 10 other members.
Il Q Besides a startup and test member, he serves as 12 chairman of the test working group, doesn't he?
13 MR. HICKEY: Mr. Parks does, is that the 14 question?
15 MR. HERRY: No. The site operations and test 16 member of the TWG serves as its chairman.
17 MR. HICKEY: I understood Mr. Barton to say site 18 operations. I don't think there's any operation known as 19 site operations in test. That might be part of the 20 confusion.
21 THE WITNESS: Please repeat the question.
22 BY MR. BERRY:
23 Q All right. I would ask you what Mr. Parks' 24 responsibilities were. I believe you told me ::tartup and 25 test; is that correct?
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30475.O COX- 39
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1 A Yes. He was the startup and test engineer.
2 0 Test engineer, okay. I apologize for not being 3 clear. What I had meant to ask is do you know what 4 Mr. Parks' responsibilities were as a member, when he served l 5 as a member of the test working group?
l l- 6 A My recollection of that is that he was a l representative -- he was one of the representatives on test 7
8 working group and he was representing the site operations i
9 organization. That's all I remember about Mr. Parks' role on l 1
10 the test working group.
l 1
- j. Il Q Are you aware of any concerns Mr. Parks -- well, l 12 strike that.
I 13 Do you know what the polar crane is?
14 A Yes, I do.
l l 15 Q What is it?
1 16 A It's the crane that is located near the top of the 1
17 reactor building.
I I 18 Q What does it do? <
19 A It lifts things in the reactor building.
i 20 0 Things such as?
l 21 A Whatever you want to lift.
l 22 Q What types of things are in the reactor building?
i i '
l 23 A There's pumps, valves, pipes, electrical cables, 24 instruments, reactors, steam generators. j 1
25 Q Was that polar crane damaged during the accident? !
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([)' l l 1 A Yes, it was. l i
2 0 What was the extent of the damage?
3 A As I recall, it suffered from' electrical damage. l i 4 Q Can you be more specific? j 5 A It needed to -- in order to function, it needed to j i
6 have some of the circuits rewired, some of the cables i I 7 replaced.
8 0 Do you know how it was damaged during the j 9 accident, or what caused the damage?
10 A Probably the hydrogen burn in containment. l 11 Q Is that your own opinion or has there been an 12 investigation that reached that conclusion?
-} 13 A I don't remember.
I 14 Q I take it that at some point the polar crane was i
15 to be fixed; is.that correct? j 16 A That's correct. j 1
'17 Q Could you explain to me the circumstances 18 surrounding the repair or the refurbishment of the polar )
l 19 crane? j 20 A Well, the recovery project knew that the crane had j 21 to be made operational to lift the reactor vessel so that j 22 work could proceed within the reactor vessel to remove the 23 internals and the damaged fuel.'
24 Q Who was to repair the polar crane?
l 25 'A A task group was put together and given the g
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30475.0 COX 41 0 1 responsibility to determine the extent of damage and then 2 make the necessary repairs.
3 Q What was the name of that task group?
4 A Polar crane task group.
5 Q Who served on the polar crane task group?
6 A Michael Radbf31, fellow by the name of Graber.
7 Another-person by the name of Kirschbaum. I don't remember 8 if he was a tatik group member or consultant brought in to 9 assist the task group.
10 Those are the only members that I remember now.
11 Q Were you a member?
12 A No, I was not.
13 Q Mr. Radbill, who was he employed by?
14 A Bechtel Corporation.
15 Q Mr. Graber?
16 A Mr. Graber was a crane consultant, I believe, 17 qualified crane inspector and consultant in crancs from a 18 company called U.S. Crane.
19 Q Mr. Kirschbaum?
20 A Mr. Kirschbaum was a Bechtel emp3oyee.
21 Q Why was Bechtel repairing the crane?
22 A I guess we had a choice, either with our 23 maintenance people or Bechtel, whether it was a role that
- l. 24 Bechtel was prepared and organized to perform, and they had a
-- 25 major contract at TMI-2 to do the recovery. This was the i l '
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kind of work that Bechtel would.have been expected to do by H 2 the recovery. cent ract.
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' f Q Futsuant,to what pripodures? ,
3 lll f A Pursuant to thcrae procedures tha't. M ro apprroad 5 for use in doing work at TMI.
6 ii Q Approved by Bechtel?
I 7y A Approved by the organi w ions i. fist were required !?
'a V
B .q 1 to approve those procedures.as spalled ouf in the technic 51 ')
9 specifications and the GPU Nuclear a relity assurance J.lan.
10 Q Did Bechtel 2epair the crane, dia Bechtel corp 2.v l
l 11 with those procedures 4n the performance of their work 01 the 1 - e; 12 polar crane? ,
, . i
, 1 *$ A I b'el? evr. W th the exception af about four j bs, 1
14 that all the prucedures were complie**. with. .,
15 Q 'n csther worir., in four instances ~, 'isechtel did .<. n o t i
16 comply with the procedure? >
\
17 i A ' 7n four lastances, the only thing that wasn't ,
i 18 complied with was alL.the; reviews of tt'eff work. The 19 technical aspect of the uork they did Las reviewed and was in 20 1ccordance dit.h Gaithyrsburg dr sign procedures whitn were 21 approved *.y GPU Nuclear.
1 1 22 0 '9ut the procedure required that work J>e performed
!3 in accordanco vith the procedure and if the pfdeelure i
24 rtquired reviews, reviews were required to be pt rformed; is l
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- 25 .ny understanding correct?
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30475.9; ,
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1 MR. HICKEY: I cbject tc the form of the, 2 'duev$on
.I don ' t understand it ,
1 t
5 j
3 f, MR. BERRYi All right. I will start again b 4 EY MR. BERRY:
5 Q Would you repeat for me again the four exceptions, 6 in which Bechtel did not comply with the procedure?
,7 ]l A There were four modifications, I don't recall them 0 specific &1ly, where work was done on the crane. The work was
) done by Bechte1~ Engineering, and the work, the engineering 10 work, wash in fact,. r$lieved and approved in accordance with
!1 '
4 11 the approved,procedukes.
}-
12 What was not done was that that engineering work .)
r t
13 was not formatted in decordance with a GPU Nuclear 14 administrative procedure --
15 'O Let me stop you there. Now, that work was 1.6 reqaired to be. formatted in accordance with the GPU ,
17' , procedure?
18 A It should have been, yes.
19 0. ; The procedure required it?
20 A Yes, it did, t
21 Q I am sorry for tpe interruption, 22 A That's all right. So the engineering work was 23 performed, was reviewed, the engineering work was revAewed. ;
24 It was not formatted in accirdance with administrative 25 procedure that had to do with ECMs. And, therefore, some of j l
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I p Q a j l p 30475.0 I 'COX' 44 1 the reviews that an ECM would have reviewed were not 2 performed on that work prior to its implementation.
l 3 Q Do you recall the number.of the procedure that was i_
4 violated in the respect that you just described?
1 5 A I don't remember the number, but it had to do with 6 the ECMs.
7 Q All right. Let me show you an excerpt of a
, 8 statement which is an interview of John Barton, I believe M 9 it's Exhibit C-16 to the May 1984'OI report. I believe you M' testified earlier that you had given a statement to the NRC.
'$, 10 il Let me ask you to take a few minutes and review i
s 12 that and ask your if that refreshes your recollection as.to 13 whether that conversation occurred'and whether the summary 14 reflects -
15 A You have something highlighted on this sheet of p
Is that what you want me to refresh my Q 16 paper you gave me.
17 memory on?
18 0 Yec. I want to ask you a question about that, but l
19 you are free to read the entire document.
]
20 MR. HICKEY: May we have a statement of what this 21 page is a summary of?
22 MR. BERRY: Go right ahead.
1 23 MR. HICKEY: This page is a summary, I take it, j 24 prepared by the NRC of an interview of Mr. Barton. I am 25 asking'whether you have the interview that this page is a ACE FEDERAL REPORTERS, INC. ;
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O 1 summary of, because this page paraphrases or quotes 2 Mr. Barton. If you want to ask Mr. Barton about what he 3 said, I think it would be fair to show Mr. Barton the L 4 transcript of what he said.
5 MR. BERRY: I don't have a transcript of what he 6 said.
7 THE WITNESS: I have read the document.
8 MR. BERRY: For the record, I will read the 9 portion that is highlighted on this document. It states, 10 "Mr. Barton said AP 1047 was violated because Bechtel did not 11 have an approved test program for this project and it should 12 have followed AP 1047, which was an approved procedure for 13 testing. Mr. Barton said that the first time he became aware.
14 of the procedural violation was when Mr. Parks brought it to 15 his attention."
16 MR. HICKEY: Can you identify again, please, what 17 date this interview is? !
18 MR. BERRY: May 11 and 12, 1983, it appears to be i
19 attachment C-16 of the OI report.
20 MR. HICKEY: May 1983?
21 MR. BERRY: Yes. Do you want to go off the record 22 a few minutes, Mr. Hickey, while you look for the document?
23 MR. HICKEY: Why don't you put your question to f
24 the witness, rnd then I can see whether we need it.
25 MR. BERRY: Okay.
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30475.0' COX 46 1 BY MR. BERRY:
2 Q I am going to ask you, Mr. Barton, do you recall 3 discussing that matter with the NRC?
4 MR. HICKEY: That matter being what?
5 BY MR. BERRY:
6 Q Do you recall making a statement that AP 1047 was 7 violated because Bechtel did not have an approved test 8 program for this project, and it should have followed 9 AP 1047, which was an approved procedure for testing. Do you 10 recall making a statement to that effect to the NRC?
i 11 A No, I do not.
12 Q Do you recall making a statemen' to the NFC that i-m v- 13 the first time you became aware of the procedural violation 14 was when Mr. Parks brought it to your attention?
15 A No, I do not. .;
16 Q Is it possible you could have made that statemont l 17 and do not now recollect it? ;
18 A It's possible.
19 Q Do you have any reason or basis for believing.that 20 you did not make this statement?
21 A No, I do not. J 22 Q Did you have an opportunity to observe Mr. Parks !
I 23 perform his duties as startup and test engineer?
24 A No, I did not.
25 Q Did you have any basis for forming an opinion as
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- U 1 to the competence or not of Mr. Parks?
2 A No, I don't. j 3 Q Did you have any involvement in the decision to 4 remove Mr. Parks as the startup and test alternate on the 5 test working group?
6 A No, I did not.
7 Q Were you consulted by anyone before that decision -
8 was'made?
9 A I don't recall that I was.
10 Q Is that type of decision something that you would 11 be customarily informed of?
12 A Not necessarily.
13 Q I take it from that answer that there are some 14 situations you would be informed?
15 A Yes, there are.
16 Q What situations might that be?
17 A- If Mr. Kanga were absent from the site, and the 18 issue you just referenced came up, I would have been a party 19 to the discussion and a decision on the subject you just 20 mentioned.
21 Q The removal of Mr. Parks from the startup and test 22 alternate on your test working group?
( 23 A Correct.
24 Q Was Mr. Kanga involved in that decision?
6 25 A If I wasn't, I assume Mr. Kanga was.
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30475.0 COX 48 0 1 Q Do you have personal knowledge that he was?
'2 A I read it someplace that that occurred, yes.
3 Q Did you have occasion to discuss the matter with 4 Mr. Kanga on or about the time of Mr. Kanga's involvement?
5 A That subject being the removal of Mr. Parks from 6 the test working group?
7 Q Yes, as the startup and tests alternate.
8 A I don't recall having that conversation with 9 Mr. KLaga.
10 MR. HICKEY: Let me interrupt just one minute, if 11 I may, in the interest of clarifying something that I think 12 has confused the witness. The notice of violation and the 13 deposition notice refers to two specific items regarding 14 Mr. Parks' membership on the TWG. One of them relates to 15 Mr. Parks' replacement in February as the startup and test 36 alternate for Mr. Kitler. That's what I understand you have 17 been asking Mr. Harton about.
18 Another relates to the removal in March by 19 Mr. Chwastyk and Mr. Kanga of Mr. Parks as the site 20 operations representative on the TWG for the polar crane. I 21 think the witness may have confused the two incidents.
l 22 BY MR. BERRY:
l l 23 Q Let's ask him. Did you confuse those two l
l 24 incidents, Mr. Barton?
i l 25 A The first one being removal of Parks?
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1 Q Yes. Are you aware -- you are aware that 2 Mr. Parks was removed as the startup and test alternate on 3 the test working group in February of 1983?
4 A Yes, I am aware that he was removed.
5 Q I take it from your previous testimony that you 6 were not involved in the decision to remove him from that 7 position in February of 1983?-
8 A That's correct. i 9 Q Was Mr. Kanga involved in that decision?
10 A I don't remember. j 11 Q Does that mean you don't know now or you never 12 knew?
13 A I don't know that I ever knew that Mr. Kanga was 14 involved in that decision.
15 Q That's a decision that either you -- Mr. Kanga and 16 you, if he was away, would typically be involved in; is that 17 true?
18 A Not necessarily true.
19 Q Why not?
I 20 A Because I don't recall that the director of the i 21 site chose members of the test working group or that the 22 director of the site needed to make decisions regarding 23 replacement of members and putting new members on the test i 24 working group.
l l 25 0 Did you as a deputy director of TMI-2 have the 1
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1 authority to appoint'or remove an individual to the test 2 working group?
3 A I believe in the broad sense of the 4 responsibilities of the office of director that decisions 5 brought before the office of the director in that regard, 6 that the discussion and decisions were proper in the office 7 of the director regarding those types of subjects.
8 Q I will thank you for that and ask you if in answer 9 to the question, is that a yes?
10 MR. HICKEY: I don't think he is limited to 11 responding to your questions yes or no. I think he has tried 12 to answer.
1 .13 MR. BERRY: I am trying to find out what the 14 answer means.
15 BY MR. BERRY:
16 Q Could Mr. Kanga appoint a member to the test 17 working group?
.18 MR. IIICKEY : Does that question ask for what the 19 procedure calls for? I am saying the "could" in the question 20 is ambiguous. I am trying to clarify.
21 MR.~ BERRY: Okay, fine.
22 BY MR. BERRY:
23 Q Mr. Kanga, was he authorized under the procedure I l
24 to appoint members to the test working group?
l i 25 A I don't recall specifically what the procedure 14CE. FEDERAL REPORTERS, INC.
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30475.0 COX 51 l .
1 'said as to who can or cannot appoint members.
2 0 Irrespective of a procedure, did -- was the 3 authority to appoint members to the test working group 4 inherent in the office of the director at TMI?
)
5 A I would say, yes, in a broad sense, 3 1
6 responsibilities of that office, that recommendations from-7 that office regarding membership in the test working group 8 could be made.
9 0 Would your answer be the samerif I asked you with 10 respect to removal from the test working group?
11 A My answer would be the same, that the office had 12 broad responsibilities for the conduct of that job, such that t'3J 13 if people made recommendations regarding TWG membership, that 14 the office was in its right to make decisions based on 15 recommendations. ,
16 0 What if there were no recommendations? Could ;
17 Mr. Kanga or yourself unilaterally, on your own initiative, 18 determine the membership of the TWG?
19 A As director of the site, we had the ultimate 20 responsibilities for the conduct of that project. l 21 Q Do you know why Mr. Parks was removed as a startup 22 and test alternate for the startup and test working group in 23 February of 1983?
24 A No, I don't recall specifically, no.
25 Q Were you aware that he had been removed as to the ACE FEDERAL REPORTERS, INC.
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l nG j 1 startup and test alternate in February of 1983?
2 A I believe I was.
3 Q Do you recall how you became aware of that?
4 A No, I don't.
5 Q Do you recall when you became aware of it?
6 A No, I do not.
l 7 Q Were you aware of it prior to Mr. Parks' press j l
8 conference of March 23, 1983?
1 9 A Please repeat the question.
l 10 (The reporter read the record as requested. )
11 BY MR. BERRY:
12 Q Were you aware that he had been removed as the 13 startup and test alternate to the test working group prior to 14 March of 1983? i 15 A When was he removed?
16 Q February of 1983.
17 A I believe that I knew it prior to March 23, 1983.
18 Q Are you aware of the explanation put forward by 19 GPUN in this proceeding as to why Mr. Parks was removed from 20 the startup and test alternate on the test working group'in l
21 February of 1983?
22 MR. HICKEY: I am going to object to the form of l
23 the question and ask that you indicate where the source of l 24 this explanation is that GPUN has put forward. Are you !
25 talking about some document that's been filed?
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.O 1 startup and test alternate in February of 1983?
2 A I believe I was.
3 Q Do you recall how you became aware of that?
4 A No, I don't.
5 Q Do you recall when you became aware of it?
6 A .No, I do not. y 7 Q Were you aware of it prior to Mr. Parks' preau 8 conference of March 23, 1983?
9 'A Please repeat the question.
10 (The reporter read the record as requested. )
11 BY MR. BERRY:
12 Q Were you aware that he had been removed as the 13 startup and test alternate to the test working group prior to 14 March of 1983?
15 A When was he removed?
16 Q February of 1983.
17 A I believe that I knew it prior to March 23, 1983.
18 Q Are you aware of the explanation put forward by 19 GPUN in this proceeding as to why Mr. Parks was removed from 20 the startup and test alternate on the test working group in 21 February of 1983?
22 MR. HICKEY: I am going to object to the form of 23 the question and ask that you indicate where the source of h 24 this explanation is that GPUN has put forward. Are you fs 25 talking about some document that's been filed?
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L 30475.0 COX 53 1 MR. BERRY: Yes.
2 MR. HICKEY: What document?
3 MR. BERRY: Well, for example, this report of I 4 October 1984, submitted, prepared by Bechtel North American 5 Power Corporation regarding the allegations of Richard D.
l 6 Parks, for example.
7 THE WITNESS: I never saw that document.
8 BY MR. BERRY:
9 Q Have you ever heard, Mr. Barton, that the reason 10 Mr. Parks was removed as the startup and test alternate to 11 the test working group'was to correct an organizational 12 imbalance?
bx- 13 A I don't reca31 hearing that.
14 Q Do you know to what that could refer, used in the l
15 context that I just stated?
16 A No, I have no idea.
17 0 Have you ever heard of, during the time you were a 18 director of -- deputy director at TMI, of decisions made to 1
19 replace or appoint someone to the test working group.being 20 based on the need to correct an organizational imbalance? ,
21 A Not that I can recall.
22 Q Do you know Mr. Kitler?
i I
23 A Yes, I do.
24 Q Ed Kitler?
l 1 - 25 A Yes, I do.
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30475.0 COX 54 1 MR. RICHARDSON: Mr. Berry, at your convenience, J 2 and perhaps others, the cafeteria. closes at 1:00. j 3 MR. BERRY: Now is a convenient place to stop.
4 Why don't we just reconvene at 1:00.
5 (Whereupon, at 12:05 p.m., the hearing was 6 recessed, to be reconvened at 1:00 p.m. this same day.)
7 8
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l' 1- AFTERNOON SESSION (1: 00 p.m. )
2 MR. HICKEY: On the record. During the luncheon 3 ' break, I asked Mr. Barton to take a look again at the o' memorandum and order following prehearing conference' dated-5 -August 13, 1986, which is attached to the notice of.
6 deposit. ion in-this case.
7 And in particular,. directing his attention, in 8 light of the confusion that I thought existed in his answers 9 at the end of the. morning session, to items 2 and 4. Item 2 1
10 is dealing with Parks' replacement as alternate startup and 11 ' test supervisor on February 23,.1983, and item 4 deals with 12 Parks' removal as the primary site operations department
- i. 13 representative on the test working group for the polar crane 14 project on March 17, 1983.
15 I told Mr. Barton that I understood him to have 16 said, I thought, that he.was aware of the first of those two 17 incidents, the February 1983 removal, as the alternate 18 startup and test supervisor, prior to Mr. Parks' press 19 conference in March 1983 and I wondered whether he meant to 20 refer to the March removal or the February removal, and he
-21 indicated then that he was talking about the March removal.
22 I think his answer earlier said the February removal.
23 But if you would like to explore that with him 24 further, he informed me that he did not believe he was aware 25 of Parks' removal from the startup and test position in
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L l 1 February of 1983, before the press conference, but was aware i i
1 2 of the March removal before the press conference, i 1
I 3 MR. BERRY: Thanks, that's a help.
4 Whereupon, ;
i 5 JOHN J. BARTON I 6 resumed the stand and, having been previously duly sworn, was 7 examined and testified further as follows:
8 EXAMINATION (Continued) 9 BY MR. BERRY:
10 0 Other than reference to the notice of deposition-4 11 that's been marked as Barton Deposition Exhibit.1, 12 Mr. Barton, did you refer to any other documents over your 13 luncheon recess?
14 A No, we did not.
15 Q Now, I understand, Mr. Barton, that your testimony 16 is that you were aware that Mr. Parks had been removed from 17 the test working group in March of 1983, but you were not 18 aware that he had been removed as the startup and test 19 alternate representative in February of 1983; is that 20 correct?
21 A That's correct.
22 Q Earlier you stated, Mr. Barton, that among the 23 documents that had been made available for you, in 24 preparation for your deposition today, was Mr. Parks' l
l 25 affidavit?
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'30475.0 1COX 57 1 A Correct.
2 Q Did you'take the time to review that affidavit?
3 A I went through it, not in detail, but brushed I 4 through it.
5 Q Are you aware --
6 MR. BERRY: Does counsel have a copy of that 7 affidavit they can make available to the witness? I have a 8 copy, but it contains too much marginalia on it.
9 MR. HICKEY: I don't have the whole thing here.
10 MR. BERRY: The portion I wou3d direct the 11 witness' attention to is page 23 and 24, and 25.
12 BY MR. BERRY:
13 .Q Do you have that in front of you, Mr. Barton?
14 A Yes, I do.
15 Q Notice on page 23 --
16 MR. MAUPIN . Excuse me, does the upper left-hand 17 corner of page 23 say "I have since learned that"? l 18 MR. BERRY: Yes.
19 BY MR. BERRY:
i 20 Q The last paragraph of the March 23, 1981 ,
1 21 affidavit, he recounts that he attended a meeting in 22 Mr. Kanga's office at which Mr. Barton, Mr. Freemerman, 23 Mr. Kitler, Mr. Radbill, Mr. King and others were in 24 attendance. According to Mr. Parks, it was at that meeting
- 25 tha t he was informed by Mr. Thiesing that he had been removed l
l ACE FEDERAL REPORTERS, INC.
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1 30475.0 58 COX 1 as the startup and test alternate representative to the test l
l 2 working group. i l 3 Do you recall such a meeting?
l 4 A I recall a meeting on' February 23 with those 5 people mentioned on page 23 of the affidavit in attendance.
6 Q Was the purpose of that meeting -- do you recall 7 what the purpose of that meeting was?
8 A It was a meeting that Kanga called. I don't
-9 remember why now.
10 Q Just so the record is clear in this, you have 11 excerpts from the affidavit in front of you. So is your last 12 answer based on your present recollection or from reviewing
. ,/-
C 13 the document?
14 A From reviewing the document, it just says this was 15 the meeting with QA that Kanga had ordered. I don't remember 16 why Bauman ordered the meeting with QA right now, is what I 17 am telling you is not clear in my memory. But I do remember 18 attending this meeting.
19 Q Do you recall Mr. Parks taking the position that 20 in his current role as alternate startup and test supervisor, 21 that he was still responsible to identify potential QA audit 22 deficiencies?
23 A Not specifically, but I think it's everybody's 24 role on the project to identify those types of concerns.
25 Q We will come back to that. Mr. Parks then goes on O
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j '%J l 1 and recounts that Mr. Thiesing interjected to inform him that 2 he no longer had to worry about that because a memorandum had 3 been issued that day appointing a new alternate, thereby 4 relieving Mr. Parks.
5 MR. HICKEY: Actually, the oitotation that you are 6 reading from in Mr. Parks' affidavit'says "he," referring to 7 Mr. Thiesing, "had issued a memorandum that day," is what 8 Mr. Parks claimed.
I 9 MR. BERRY: That's a correct reading of it.
10 Accurate reading. I just paraphrased it.
l 11 BY MR. BERRY:
12 Q Do you recall Mr. Thiesing indicating to Mr. Parks 13 that he no longer had to worry about being a member of the 14 test working group as the alternate startup and test manager?
15 A No, I do not.
16 Q Do you have any reason to doubt that events 17 occurred as Mr. Parks recounts them in his affidavit?
18 MR. HICKEY: I am going to object to his 19 question. I think it's incredibly broad to ask this 20 witness. He says he doesn't have a recollection of it. I 21 don't know what you are asking him for when you ask him if he 22 has any reason to doubt. There is plenty of reason to doubt 23 Mr. Parks.
24 MR. HERRY: The witness can answer that. The 25 objection is noted. I would prefer an answer.
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'30475.0 COX 60 O- If the witness can answer it, he is 1 MR. HICKEY:
2 entitled to try. But if he doesn't feel he can because of 3 its breadth, I think the question could be rephrased.
4 'THE WITNESS: Could you be more specific.
5 BY MR. BERRY:
6 -Q You tell me that you don't recall Mr. Thiesing.
7 making the statement attributed to him by Mr. Parks.
8 A That's true.
9 Q Do.you recall any.of the discussion that occurred ~
10 during that meeting?
11 A The subject came up regarding the procedures on 12 testing the crane, and I remembered the discussion as to how 13 we could review the crane test procedure so it did satisfy 14 the administrative procedure requirements, I do remember 15 that. I remember the discussion we had on t.he construction 16 . project instruction, CDPI Number 20. Other than that, I 17 don't recollect what else occurred at that meeting.
18 Q Are you avare that a memoranda had been issued 19 relieving Mr. Parks of his position as the alternate startup 20 and test manager in the test working group?
21 MR. HICKEY: Are you asking him was he aware at 22 the meeting?
l 23 BY MR. BERRY:
24 Q Yes, February 23.
l l
l .
25 A No, I do not.
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lO 1 Q Did you since become aware of that?
j j
2 A I don't think I ever saw any. correspondence that ;
3 relieved -- this memorandum that Thiesing is talking about, I 4 assume, is the February memorandum relieving Parks as a i
5 startup and test --
6 Q Yes, 7 A I don't recall seeing correspondence on that 8 subject.
9 0 Have you ever seen correspondence on that?
l 10 A I don't recall that I have.
11 Let me show you a document -- two documents. The Q f 12 first one is identified as tab 308, I believe, to the Stier 13 report, it's dated February 18, 1983, it's an interoffice i
14 memorandum on GPU Nuclear stationery, from E.J. Kitler to the 15 startup and test personnel coverage, and there are a number 16 of individuals who are listing on there, Mr. Buchanan, 17 Chwastyk, Fornicola, King, Kunder, Mummert, and Warren.
18 There are ces to Mr. Thiesing and to Mr. Walker. Have you l
19 ever seen that document?
20 A Not that I remember.
21 Q Is it unusual that that document didn't come to 22 your attention?
23 A It's not unusual at all. There must have been 24 hundreds of memos written to TMI-2 every day. I wasn't even 25 copied on that one, so there was no reason to be.lieve I saw O
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1 that memo.
2 0 I wasn't suggesting otherwise.
3 I show you another document identified as tab 309 4 to the Stier report, dated February 18, 1983, also. It's on 5 the-same letterhead as the previous memoranda identified.
.6 It's addressed to the same persons and also authored by 7 Mr. Kitler. The subject is startup and test manual _TWG.
8 membership. The text of the memorandum for Mr. Kitler states 9 "in accordance with paragraph 2.1 of the subject procedure, 10 startup and test membership on TWG will bei E.J. Kitler, 11 member, and D.D. Walker, alternate." Have you ever seen that 12 document before?
(%.
d 13 A No, sir.
14 MR. HERRY: For the record, the subject procedure 15 referenced in this latter memorandum is AP 1047.
i 16 ,
BY MR. BERRY:
17 0 Are you familiar with paragraph 2.10 of procedure l
18 10477 19 A No, I am not. Do you have a copy of the j 20 procedure?
21 Q I don't know that I have a complete copy of it. I 22 believe it's the procedure that governs the test working- )
i 23 group. Does that help you any?
24 A No, sir. Procedure covering the test working 25 group is 1047, but I don't have a recollection of detail of I
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I f 30475.0
.COX 63 0 1 what is in that procedure at this time.
2 Q Were you aware, Mr. Barton, in February of 1983, 3 that Mr. Parks had raised -- expressed some. concerns over the l
4 safety of the polar crane?
5 A In February of '83, I attended the meeting on 6 February 23 when the polar crane issue and.the testing.of-it 7 was discussed, so I was aware at that time that Mr. Parks had 8 some questions regarding the testing of the polar crane.
9 Q Were you aware that that was.the subject being 10 deliberated within the test working group?
11 A I don't believe I was, other than the fact that it 12 came up'in that meeting.
13 0 Mr. Barton, how did you know that Mr. Kitler was 14 contemplating relieving Mr. Parks from his position'as the ,
15 alternate startup and test manager of the test working. group, 16 what would you have done about'it? 1 l
17 MR. HICKEY: You are calling for speculation from 18 the witness about facts that are not in evidence. l 19 THE WITNESS: I don't know. 1 1
20 MR. BERRY: What facts aren't'in evidence? l l
21 MR. HICKEY: He said he didn't know about it. You j 22 are asking him to speculate. I don't know what the I l
23 hypothesis is you are presenting. There is no evidence in !
24 the hypothesis. Those are the facts.
25 MR. BERRY: Fine.
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~J 1 BY MR. BERRY:
l 2 Q -Your answer is you don't know?
I l 3 A Well, you are asking me.to answer a hypothetical l
l 4 issue that I wasn't involved in, and now you want me to tell 5 you what I would have done four years ago had I known that-6 someone was contemplating making a move. I can't answer that 7 question.
8 Q Mr. Barton, you are aware that. Mr. Kitler was a 9 member of the test working group, weren't you?
10 A I believe I was.
11 Q Were you aware that Mr. Kitler was contemplating 12 leaving TMI to take a position elsewhere?
s
' 13 A I knew that, but I don't know when I knew it, at 14 the time he left or before he left.
15 Q Didn't you take action to make some effort to 16 persuade him not to leave the TMI?
17 A Did I take action?
18 Q Make some effort to persuade him to stay on?
19 A Mr. Kitler did not report to me. He was two or 20 three levels below ne in the organization. I am not sure I 21 knew that Mr. Kitler was leaving TMI until he actually came 22 around and said he was leaving. It was not -- I don't even 23 know where he was going, whether he was going on another 24 Bechtel assignment or not.
25 Q So is the answer no, that you didn't make any ace-FEDERAL REPORTERS, INC.
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1 effort?
2 A I am not sure I knew, prior to him leaving, that 3 he was even leaving.
4 Q Do you know, Mr. Barton, if the chairman and the 5 alternate of the start up and test working group - strike 6 that.
1 1
7 Do you know if the chairman and the alternate of 8 the test working group have to be employed in the startup and 9 test department?
10 MR. HICKEY: Could you explain what you mean by 11 "have'to be"?
12 MR. BERRY: Required?
.O
\J By something?
13 MR. HICKEY:
14 MR. BERRY: Procedure.
15 MR. HICKEY: 1047?
16 MR. BERRY: Or any other procedure that could be 17 applicable.
18 THE WITNESS: Well, I believe that 1047, procedure 19 1047, delineates those organizations which will be 1 20 represented on the test working group, and the procedure also 21 designates who will chair the test working group. I am not 22 sure that I recall who it says will be the chairman, but I i
23 know it talks about it in the procedure.
24 BY MR. BERRY:
25 Q Does the alternate only vote when the regular ;
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1 member is absent?
l 2 A I don't know.
3 Q If the regular member representative from the 4 startup and test organization, who is the chairman of the 5 test working group, if he is a member of the firm startup and 6 test but also is a member of another organization, does that 7 constitute a violation of procedure?
8 MR. HICKEY: You don't want to show him the 9 procedure?
10 MR. BERRY: The problem is, I don't think I have.a 11 complete copy'of the procedure. I might have that particular 12 portion, but I don't want to be in a position of misleading Of 13 the witness by not having a complete procedure. If that is 14 satisfactory, I will show him, i 15 MR. HICKEY: I just think the record ought to 16 reflect that you are asking him to interpret a procedure that 17 he is not looking at.
18 MR. BERRY: I think the record reflects that.
19 MR. HICKEY: I would be happy to have him tell 20 you, as best as he can recall, what the procedure says.
21 THE WITNESS: Would you please repeat the 22 ques ti on .
23 MR. BERRY: I will see if I can find it.
24 BY MR. BERRY:
25 Q Mr. Barton, I am going to show you an exhibit to a ACE FEDERAL REPORTERS, INC.
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l 30475.0 l COX 67 1 LO 1 pleading filed on November 6, 1984, in this proceeding --
l 1.
2 MR. HICKEY: 1984? j 3 MR. BERRY: 1984 -- not in this proceeding, in the ]
l 4 proceeding captioned "In the Matter of Metropolitan Edison ;
1 5 Company, Three Mile Island Nuclear Station, Unit 1," it's
! 6 entitled "A Notice to Commission Appeal Board, Licensing l 1
7 Board and Parties," submitted by a Mr. Ernie Blake, counsel 8 for the licensee. It represents a November 1, 1984, 9 memorandum from Mr. Edwin Stier to Philip Clark. The subject 10 is entitled "TMI-2 Staff Meeting of March 23, 1983."
l 11 Attached and a'ppended to that memorandum, under 12 tab 75, is an excerpt from procedure AP 1047 revision O. ;
13 'MR. HICKEY: This is tab 75 to the memorandum 14 about the March 23 staff meeting?
15 MR. BERRY: Yes.
16 BY MR. DERRY:
17 Q I would ark you to review that, tab 75.
18 A M1 right.
19 Q I would particularly direct your attention to 20 paragraph 2.1.
21 A 2.1. All right. Members of the test working 22 group and alternates. All right. I have read paragraph 23 2.1.
24 Q Can you 5dentify that procedure; is that the 25 procedure that governs the membership on the test working
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l 1 group?
2 A Yes, it does.
3 0 Is that the procedure in effect during March of 19 4 -- February'and' March of 1983?
5 A Well, I don't know whether this was the revision 6 that was in effect at the time. I would have to see the
- 7 cover sheet and when it was signed off. >
8 Q Unfortunately we don't have that, Mr. Stier.wasn't 9 so good enough to provide that to us.
10 MR. HICKEY: For the record, on Mr. Stier's 11 behalf, I'think you will find that the procedure is an 12 exhibit to Mr. Stier's report and that it is provided in 13 full.
14 MR. BERRY: Thank you.
15 BY MR. BERRY:
16 0 The question that I had asked before, Mr. Barton, 17 was whether under the procedure, is the chairman of the test 18 working group, if he was a member of the startup and test 19 organization, but his alternate was a member of another
.20 organization, would that arrangement constitute a violation 21 of procedure AP 1047, Revision 0?
22 A Prom reading paragraph 2.1, my answer to you would 23 be, no, it's not a violation.
24 0 Why is it not a violation?
I 25 A There's a note in paragraph 2.1 that says
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il " alternates chall be deemed to have the same responsibilities l
, 2 and authe,rity as permanent members. Members," right above "I 3 the tiotes says, "sha11'consistofonememberandone 4 alternate for the following organizations." Startup and test k \
5 is one of the organizations and startup and test is the I believe your question was if the alternate was E 6 chairman.
7 not'a member of startupsand'taat, wotild that be'a v.iolation?
v ~\
8 Q Yes, that's the question. h
- w 9 A As7
- o,ng as thg alternate was fully quw.if,,ied to be 10 a TWG member, 7; don't see that t?. C. wotid Necessarily ,.be. a (
11 violation of tnis i procedure.
l N
1 '
i j
12: Q Thank you. Mr. Barton, I be';iev6 when b'pf O.
x 13 describe in your background, prior to the time you were the 14 deputy director of TMI-2, you were the site operations i
15 director? ,
y- ,
16 L Correct.
i 0l6 ll
.y .jh 'm ,
17 s Q In that capacity,: and]ds w(11 as your c7pacity n
- r, the deputy director O TMI-2, do.!j{ugnaut any respd isibilith' 18 't s s
- e ,
19 for interpreting procedures? 1 s
20 A Ves. 4
.i - [-
21 Q How about preparing pp:eed. ires? >
c,
]
22 A I don't recall if I had a responsibility for 23 preparing procedures.
., fl X
j 24 Q How about reviewing procedures?
25 A Yes. ! ,
1
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1 Q I believe I may;have asked you this already, and .
i .;t .if I-did, you dill tell me to, Do you have any involvement l 3 in the decision to -- a trike tha t, I know I asked you that.
L 3 ,
1
-l L 4 Mr. 'Barton, was the Depart. ment of Energy involved ,
1- l4 l S in any respect regarding cleanup activities at TMI?
l- 6 A Yes, they were. ,
, I l
~
7 Q What connection did the Department of Energy have?
l 8 A The Department o't knergy was one of the major
-s l 9 contributors to the funding of the cleanup.
l 10 Q The Departaent of Energy let-out a contract;' is 4
- l. 11 that'what happened? , / ,
li
' /l e 'w
! '12 A For what?
l Cleanup? k l
\ 13 0 14 A Are you referring to any pa:eticular contract? I 15 am not aware of any part.lcular contract, i 16 0 I am sorry, we;can't both ta3k at the same time. L 17 No, I am not referring to any particular contract. What were 18 they funding?
19 A A portion of the cleanup that has to do with 20 research and development value. .
21 Q Who was the recipient of the funds?
22 A The TMI project.
23 0 Is that GPUN?
24 A I believe so.
25 Q How about Bechtal?
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, 3!)475.0 73 y"COX4 1 A Did Bechtel receive any DOE funds?
2 O Yes. If you know.
in A
A I don't know.
Dg
, 4 q Q Was not GPUN under any schedule pressure to
- i % ,'
]h -
S satisfy any condition imposed by the Department of Energy.to 4
'h: .
6 receive funds?
7 MR. HICKEY: I object to the form of the 8 question. It's ambiguous, vague, and very broad.
9 BY MR. BERRY: l
.; 10 Q Does the witness understand the question?-
11 A Please repeat it.
,0 . , , 12 Q I will rephrase it. To your knowledge, was there km h-) .3.,
' 4 13 ever a time where the Department of Energy indicated to GPUN 14 that they were in danger of a~ cutoff of funding if certain i' ' 'E 15 projects weren't completed by a certain time? H 16 A The only thing I am familiar with was the contract 17 to ship the damaged core material had some dates in it by i
18 which ahipping of.the damaged material should meet, the start 19 of shipping of the damaged material from the reactor vessel 20 was to meet a certain date in the contract. !
21 0 Was the polar crane necessary - was the polar q s 1 22 crane to be used to remove the damaged core material? )
23 A Polar crane was required to remove the reactor I
24 vessel head to get at the core material.
25 Q Do you recall what the dates were by which the i %) %
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l 1 damaged core material -- shipment of the damaged core 2 material had to begin?
3 A No, I do not.
4 0 Do you recall the amount of money involved in this-5 contract?
6 A No, I don't.
7 Q Was it in excess of $10 million?
8 A I don't remember.
1 9 Q Shortly before we reconvened after the luncheon 10 recess, Mr. Barton, I made available to you a copy of a f 11 report of an interview of John J. Barton conducted by 12 Mr. Vorse and Mr. Uric of the Nuclear Regulatory Commission.
I's
(/ 13 This report is an exhibit, an Exhibit D-12 to the May 1984 OI i
14 report.
15 You had an opportunity to review that. For the 16 record, I place the documents before you again. I would ask ,
1 17 you if having reviewed the reported interview, it refreshes ;
18 your recollection as to whether the statements attributed to j 19 you, in the interview of John J. Barton which we discussed f
20 earlier before the luncheon recess, in fact, took place? l 21 MR. HICKEY: What is the question?
22 THE WITNESS: Are you specifically regarding --
23 BY MR. BERRY:
24 Q The question is, having read what is labeled )
- g- 25 Exhibit D-12 to the OI report of May 1984, does that refresh
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30475.O COX 73 0 I the witness' recollection as to whether he made the 2 statements attributed to him in the document appended to the 3 document that is marked as Exhibit C-16 to the OI report of 4 1984. f 1
5 A The whole document or the part that is highlighted 6 regarding AP 1047?
7 Q The part that is highlighted. l 8 A Yes, this does help refresh my memory on the f i
9 subject. I l
10 MR. HICKEY: Yes, but his question is whether it 11 refreshes your recollection about making statements to the OI 12 investigators? ]
O i
13 THE WITNESS: Oh, no, i t doesn't do that.
1 14 BY MR. BERRY:
15 0 Having examined the second document, your memory l 16 is not refreshed as to whether you made the statement 17 attributed to you in the highlighted portion?
18 A To the OI investigators?
19 0 Yes.
20 A Reviewing these two documents doesn't make it any 21 clearer as to what I said in direct response to questions 22 during the OI deposition.
23 Q All right, that's fine. Reviewing those 24 documents, does it refresh your recollection as to the 25 subject matter of your discussions with the OI inves tigators?
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30475.0 COX 74 1 A Yes, it does do that.
2 O Do you recall any subjects that you discussed with 3 the OI investigators that is not reflected in the documents
'4 that I have placed before you?
I 5 A I can't tell you that. I don't know.
6 0 You don't have an independent memory as to what 7 other matters you may have discussed with him?
8 A I don't remember what other matters I discussed 9 with him.
10 Q All right, fine. Thank you. Do you know an 11 individual by the name of Joseph Chwastyk?
12 A Yes, I do..
O NJ 13 Q In what capacity do you know Mr. Chwastyk?
14 A In several capacities. Mr. Chwastyk was the 15 operations manager at TMI-C as part of the recovery 16 organization. I also was' familiar with Mr. Chwastyk as a 17 shift supervisor on the TMI-2 staff prior to his position as 18 operations manager.
19 0 Do you recall questioning Mr. Chwastyk as to his 20 involvement or not with some outfit called Quiltech?
21 A Yes, I do.
22 Q Do you recall when that was?
23 A No, I don't, not specifically.
24 Q Prior to March 10, 1983, would that refresh your 25 recollection?
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I 30475.0 l COX 75 i 1 A It could have been March 10.
2 MR. HICKEY: I think he is asking if you recall ;
3 whether or not it took place on March 10, Mr. Barton. ,
t 4 THE WITNESS: I don't recall exactly what'date.
5 BY MR. BERRY: !
l 6 0 Do you recall the month? l 7 A I am not sure I do know. 'l 8 Q Was it before or after Mr. Parks "went public"?
I 9 A I am not sure if I can place that properly before .j l
10 or after. ,
1 11 0 What prompted you to have a discussion with 12 Mr. Chwastyk on his involvement or not with Quiltech?.'
!5 13 A I don't reca13 specifically.
i 14 Q Do you recall what time of day it was you met with j 15 him, was it in the morning, in the evening?
t l 16 A No, I don't.
17 Q Do you recall how long you met with him?
l 1
la A I remember we had a meetino we discussed 1
19 Quiltech, I don't know, maybe it lasted a half hour or so. I l'
20 don't know. I don't think it was a very long meeting, j
21 Q I missed something, you said something and then l- 22 Quiltech?
23 A Yes, we may have been talking about the job. You <
l 24 asked me to recall March 10, whatever the date was in '83, l 25 which Chwastyk and I specifically talked about. I don't l
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1~ 30475.0-l' COX 76 LO 1 remember everything.
2 Q I wi1J narrow it down. I was too broad too. What l 3 I was. interested in is whether you had a discussion with
- l. d Mr. Chwastyk to determine the nature, if any, of Mr.
L j- 5 Chwastyk's involvement with Quiltech?
l 6 A Yes, we did discuss his involvement with l
l' 7 Quiltech. l I
8 Q When did you have that discussion?
l
! 9 A I don't recall the date.
l l 10 0 Is this discussion that you.are referring to, is
- i. 11 that the same discussion, the same meeting that you indicated 32 earlier that lasted approximately half an hour?
13 A Yes.
14 0 Is that the only occasion which you discussed.with 15 Mr. Chwastyk the nature of his involvement with Quiltech?
16 A I don't remember.
17 Q During that meeting, did you ask Mr. Chwastyk what 18 Mr. Parks -- or whether Mr. Parks had gone to the NRC?
19 A I don't remember that I asked him that.
20 Q Could you have arSed him that?
21 MR. HICKEY: I object to the form of the 22 question. You are asking him to speculate.
23 MR. BERRY: No, I.am not asking him to speculate.
24 MR. HICKEY: What does it mean when you asked him 25 "could you have asked him that?" I don't understand.
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COX 77 l~
1 BY MR. BERRY:
2 0 You.say you don't remember. You are saying you l
3 don't remember now or you never knew?
l 4 MR. HICKEY: I don't understand that question 5 either. He said he doesn't remember. How can he answer 6 whether he ever did.
7 BY MR. BERRY:
-8 0 Have you ever asked anybody had_they gone to the 9 NRC, Mr. Barton?
10 MR. HICKEY: Any kind of time frame?
11 MR. BERRY: Any kind of time frame.
12 MR. HICKEY: What is the relevance of it?
13 MR. BERRY: Is that an objection?
14 MR. HICKEY: That's an objection, yes, 15 MR. BERRY: All right. Objection noted.
16 MR. HICKEY: You don't care to narrow it down at 17 all?
18 MR. CERRY: No.
19 MR. HICKEY: You don't want to know whether he 20 asked anybody about that last month?
21 MR. BERRY: Any time, ever.
22 THE WITNESS: I may have.
23 BY MR. BERRY:
24 0 As the deputy director of TMI, did you ever ask 25 anybody had they gone to the NRC?
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1 A I may have.
2 Q While you were the deputy director of TMI, did you 3 ever ask anybody whether they knew if someone else had gone 4 to the NRC?
5 A Is this regarding any specific issue or --
6 Q Any specific issue?
7 A Any issue at all. Oh, I may have.
8 Q While you were the director -- I will narrow that 9 -- while you were the deputy director at TMI, whether they i
1 10 knew of anyone else who went to the NRC raising safety 11 concerns? !
12 A No.
.13 Q D3d you ever ask anyone directly whether they had 14 gone to the NRC to raise safety concerns?
15 A I don't remember doing that.
16 Q You don't remember or you did not?
17 MR. HICKEY: His answer is he doesn't remember.
18 Is the problem that you didn't hear him?
i 19 MR. BERRY: Apparently.
20 MR. HICKEY: We can read the answer back but the {
21 answer was, I don't remember. I heard it.
22 BY MR. BERRY:
23 0 So you could have, you just don't remember?
l 24 MR. HICKEY: I object to the question about what i
25 the witness could or could not have done. It doesn't seem to j
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30475.0 COX 79 l ~Y l (d
- 1 me that it advances our knowledge of the incidents at all.
l l' 2 MR. HERRY: Fine. Your objection is noted.
1 i 3 MR. HICKEY: I haven't finished stating it yet, l
4 Maybe you would let me do that. I think when you ask the .
! 5 witness a question and he tells you he doesn't remember, that j 6 is the best response he can give. And that for you to ask 7 him whether something could have happened calls for a 8 speculation. That is not a proper question. If you continue 9 to ask him whether something could have happened, I am going 10 to ask the witness not to answer the question.
11 MR. BERRY: Fine.
12 MR. HICKEY: Is there a question pending?
% 13 MR. HERRY: Yes.
'14 MR. HICKEY: Could I have it read, please.
15 (The reporter read the record as reques ted. )
16 MR. BERRY: I see nothing improper in the 17 question. The witness says he doesn't know or he doesn't 18 remember. He doesn't remember. That's not to say it didn't 19 happen. '
20 MR. HICKEY: How can the witness tell you whether 21 it happened or not? He doesn't remember.
'22 MR. BERRY: We can eliminate the possibilities or 23 admit the possibilities th'at it could have happened. ~j 24 MR. HICKEY: What is the possibility?
25 MR. BERRY: That the witness asked - well, ACE-FEDERAL REPORTERS, INC.
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l l .30475.0 COX 80 1 whatever the question was, whether the witnessed asked anyone j 2 else. .
9 3 .MR. HICKEY: If. your question is was it physically )
l 4 possible for this witness to ask such a question, I don't 5 think we need to pursue that, do we? i 6 MR. BERRY: That's not the question.
7 DY MR. BERRY:
8 'O The question is, was that your habit?
9 MR. HICKEY: Well, now, that's a different 10 question. He wants to know if it was your habit to ask.
11 people whether they had gone to the NRC.
12 MR. BERRY: Strike that question.
t v 13 BY MR. BERRY:
14 Q Was it customary for you to ask individuals 15 whether they had gone to the NRC7 16 A No, it was not customary, 17 Q- Was it customary for you to . inquire of others 18 whether they had knowledge of anyone else going to the NRC 19 with safety concerns?
20 A I.et me answer it this way. If I knew or had heard 21 that an employee at TMI-2, for example, went to the NRC to 22 raise some concerns, I would have been concerned, myself, to 23 try to pursue <...d find out who this person was and what his 24 concerns may have been, and why was I not aware of the 25 concerns if I was not, in fact, aware of them, and why wasn't ACE-FEDERAL REPORTERS, INC.
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30475.0-COX 81 1 the organization a party to trying to resolve this person's 2 concerns, and why did he have to go to the NRC, yes. As a l
3 manage 1, yes, I would have done that, if I had known or heard.
1 \
4 of someone specifically going to the NRC.
5 Q Mr. Barton, is there an internal grievance or an 6 internal mechanism in which employees or personnel can air 7 their concerns or express their concerns relating to safety 8 and quality in confidence?
9 A Yes, there is. There's a policy that states'that 10 . employees should raise those concerns with their supervisors, 11 and if their supervisors don't satisfy the concerns, they can 12 go up higher in the' management chain. And if the management b
v 13 chain doesn't hear of their concerns and address them, they 14 can call an ambudsman. There's an ombudsman within GPU.
15 Q Is that a written policy?
16 A Yes, it is. !
17 Q Do you know the number of it?
18 A No, I do not.
19 Q Do you know how long that policy has been in 20 effect?
21 A I believe it was placed in effect shortly after or 22 about the same time as GPU Nuclear was formed, which would 23 have been back in late '80, early '81. Did I say GPU, GPU 24 Nuclear.
25 0 Are you aware that in his affidavit Mr. Parks Ace-FEDERAL REPORTERS, INC.
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30475.0 COX 82 ;
1 quotes Mr. Chwastyk as saying that you, Mr. Barton, had asked 2 him, Mr. Chwastyk, what was Mr. Parks doing going to the 3 NRC. Are you aware that Mr. --
4 A I remember reading words to that effect, yes.
5 Q Did you make such a statement?
6 A I don't remember that.
7 Q Let's talk about Quiltech. I take it you are j l
8 familiar with that term?
9 A Yes, I am. 4 1
10 Q What is Quiltech, if you know? !
11 A Quiltech was an engineering company that was i
12 headed by Mr. King, and they performed servicec for utilities l
,k 13 and I don't know who else.
14 Q When did you first hear of Quiltech?
15 A I don't remember the date. It was sometime in A 16 February of '82.
17 Q February 1982?
18 A I believe that's correct, February -- no, that 19 can't be right. It had to be!?enruary 1983.
20 0 What were the circumstances under which you heard 21 of Quiltech?
22 A It was late in Tche afternoon and Mr. Thiesing 23 approached me and informed me that he had just received some 24 information.
25 0 Mr. Thiesing was the director of recovery l :
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COX- 83 1 operations at the time?
2 A His name is on the organization chart. I don't 3 -remember the exact titic. Manager, recovery programs.
d Q He was a'Bechtel employee; is that correct?
5 A Yes.
6 Q I am sorry for the interruption. Continue.
7 A He had informed me that he received some 8 information regarding a company called Quiltech, and that.he 9 found out that the president of the company was Lawrence 10 King. And that another officer in the company was a Benjamin 11 Sloan, who was a former GPU employee.at TMI-2.
12 I believe he also knew at that time that Mrs. King-L - 13 was an officer in that company, and he told me that the 14 fourth officer, Mr. Hode, who was not familiar to me.
15 Q Did he tell you what Quiltech was?
l 16 A I be.lieve we talked about that it was an 17 engineering firm that did a consulting business in the 18 nuclear industry, words to that effect.
19 Q Then what did you do after he relayed this j 20 information to you?
l 21 A Well, we discussed it for a few m.inutes, because l
l 22 we had a concern that this may have a conflict of interest i
1 23 connotation to it. Mr. Thiesing suggested that we contact l l
l 24 Mr. Kanga and inform him, and let Mr. Kanga give us some l-l- -
25 direction or decide what to do with the information we had.
t l
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30475.0 COX 84 1 Mr. Kanga was not in that day, so I suggested to Mr. Thiesing 2 that we wait until the following morning when Mr. Kanga came 3 in, and I don't recall whether I told Mr. Thiesing that I 4 would contact GPU attorneys to see if this was, in fact, a 5 conflict of interest or not, but I did that af ter 6 Mr. Thiesing informed me of what he had just been told.
7 MR. BERRY: Why don't we take a brief recess right 8 now.
9 (Recess.)
10 BY MR. BERRY:
11 Q Mr. Barton, did you -- before the recess, we were-12 discussing the discussion that you may have had with 13 Mr. Chwastyk regarding the nature of his involvement with 14 Quiltech. I would ask you, do you recall, in that' discussion 15 .that you had with Mr. Chwastyk, whether you asked him or 16 inquired whether Mr. Parks was involved in Quiltech -- with 17 Quiltech?
18 A I don't remember that question specifically.
19 Q How about that subject?
20 A I just don't remember.
21 Q When you asked Mr. Chwastyk the nature of his 22 involvement with Quiltech, what did he tell you?
l l
23 A He indicated that he had done some review work of 1
24 a proposal Quiltech had put together for -- I think it was 25 Duquesne Power & Light.
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, 1 Q As a proposal to be submitted by Quiltech?
2 A That's correct.
3 Q Did that constitute a conflict of interest on 4 Mr. Chwastyk's part?
j 5 A That per se I don't know. I am not an attorney.
6 I can't evaluate that based on'just that amount of 7 information. I turned.that information in. I did not make a 8 determination based on that.
9 Q Do you know if anybody made a determination?
l 10 A No, I do not.
11 0 Is Mr. Chwastyk still employed at TMI?
12 A Not to my knowledge.
13 Q Was he still employed at TMI when you left TMI'to 14 go to work at Oyster Creek?
15 A No, he was not.
16 Q How long prior to that had he departed?
17 A I believe it was sometime in 1983. I don't recall 18 the date.
19 0 Do you recall the circumstances which led to his 20 departure, Mr. Chwastyk's departure?
21 A There was an investigation into his Quiltech 22 activities, and I think Mr. Chwastyk subsequently resigned, 23 as I recall.
24 Q Did you ever discuss with Mr. Parks the nature of f ,g 25 his involvement, if any, with Quiltech?
O l
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30475.0 COX 86 O No, I did not.
1 A
-2 Q Did you ever discuss with anyone the nature of j 3 Mr. Parks' involvement with Qu11 tech?
- I 4 A I can't recall that I did, no.
5 Q I am not sure I understand what that means. l i
1 6 A Well, the subject came up, and I overheard the ;
i 7 conversation regarding Mr. Parks' involvement in support of 8 Quiltech, Mr. Parks-had some resumes typed and things like )
9 that, but I was not involved directly with any questions .
l 10 regarding -- any issues regarding Mr. Parks and Quiltech.
11 Q . Were you interviewed by Mr. Hoffman from an 12 auditor with Bechtel Corporation? j k1 13 A I don't believe so.
14 Q Did anybody ever ask you to prepare a statement'or l 15 a report documenting your knowledge, if any, regarding.
l 16 Mr. Parks' involvement with Quiltech?
a' 17 A No, I do not.
18 Q You don't recall anyone ever asking you? )
f 19 A I don't remember anybody ever asking me to prepare j
.1 20 such a statement.
21 Q Do you recall ever preparing such a statement? )
1 22 A Is this regarding my knowledge of Mr. Parks' l
'23 involvement in Quiltech?
24 Q Yes.
25 A No, I don't. I i
l ACE-FEDERAL REPORTERS, INC.
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30475.0 COX 87 1 Q Is there any indoctrination or reorientation 2 program to which new employees assigned to the TMI site are i
3 required to attend?
4 MR. HICKEY: GPUN employees?
5 MR. BERRY: I didn't limit it to GPUN employees.
6 THE WITNESS: The only thing I am familiar with is 7 a new company employee does receive some indoctrination from 8 '
the human resources people before -- you know, before their I
9 s employment takes.effect. In other words, they may be hired 10 to commit.new resources and to get some briefing there.
11 There was also, I believe, a program in place whereby the 12 employee was supposed to get familiar with those procedures
^
e
\. 13 that he would need to do -- that he would need to use to l
14 effec'ively perform his assignment.
15 BY MR. BERRY:
16 0 When you mention that company employees are 17 briefed or oriented by human resources, do you mean GPUN l
L 18 employees?
19 A Yes, I know that that was done with GPUN 20 employees.
21 Q How about someone who is employed by a contractor l
22 and assigned or detailed to TMI, what kind of orientation or l
23 indoctrination, if any, would they receive from human l
l: 24 resources?
l 25 A Probab.ly nothing from dPU's human resources, l-l C l
l i l
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1 30475.0 l COX 88 O although I would expect their supervisors to make sure that 1
2 they were familiar with those practices and procedures that 3 they needed to work with.
4 0 Are you aware that a Mr. -- subsequently you have 5 been made aware that Mr. Parks assisted Mr. King or arranged-6 for a secretary to type some resumes at the request of-7 Mr. King?
8 A Yes, I was made aware of that, yes.
9 Q Do you know if that conduct on the part of 10 Mr. Parks would represent a violation of GPUN's conflict of 11 interest policy?
12 MR. HICKEY: I think your question is a little
\> 13 ambiguous. Are you assuming -- are you asking.him whether it 14 would apply if Mr. Parks was a GPUN employee?
15 MR. BERRY: No, not at all. I am asking him, did 16 Mr. Parks, a Bechtel employee, assisting Mr. King to have 17 resumes typed at Mr. King's request, did Mr. Parks' conduct, 18 although not an employee of GPUN, constitute a violation of 19 GPUN conflict of interest policy.
20 THE WITNESS: Well, GPUN's conflict of interest 21 policy applies to GPU personnel. I am not sure it applies to 22 a contract of Bechtel. I don't know the answer to your 23 question.
24 BY MR. BERRY:
25 Q Fine, I appreciate your saying so. All right, V, g ACE-FEDERAL REPORTERS, INC. '
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I 30475.0 -i COX 89 l
1 Mr. Barton, I will ask you to refer to what is generally 2 referred to as.the third count or third allegation in the 3 NOV, notice of violation, and this is the removal of 4 Mr. Parks from -- as the primary site operations 5 representative in the test working group.
6 MR. HICKEY: For the polar crane.
7 BY MR. BERRY:
8 Q Your matter that your counsel may have thought s
9 there had been some confusion on earlier.
10 A All right.
11 Q Are you aware that Mr. Parks was removed as the 12 primary site representative for the polar crane on the test 13 working group?
14 A Yes.
15 Q When did you become aware of that?
16 A Shortly after the. meeting. I think that action 17 was taken as a result of a meeting that was held between 18 Parks, Mr. Chwastyk and Bauman and Kanga. Subsequent to that 19 meeting, there was a memo issued, I believe, by 20 Mr. Chwastyk.
21 Q Were you present in the meeting?
22 A No, I was not.
23 0 Were you present in the office that day, or don't 24 you recall?
25 A What day was it?
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30475.0 COX 90 0 1 Q March 17, 1983.
2 A I don't remember if I was in the office that day 3 or not.
4 0 So how did you learn about it? You saw the .
5 memoranda or.somebody discussed it with you?
6 A I believe I saw the memorandum -- I may have.been 7 informed of that matter by Mr. Kanga. 'I don't recall exactly 8 now.
9 0. Were you aware that earlier that day, this same 10 day, March 17, 1983, Mr. Parks had met with Mr. Kanga and 11 expressed to Mr. Kanga his concerns that he had been 12 subjected to harassment?
13 A No.
14 Q After you became aware that Mr. Chwastyk had 15 issued a memo removing Mr. Parks as the primary-site 16 operations representative to the test working group, did-you 17 form an opinion as to the wisdom of that move?
18 A No, I don't think I gave it much thought.
19 Q Was it your understanding that Mr. Parks -- that 20 this memorandum operated to remove Mr. Parks from the test 21 working group as the primary site operations representative 22 on.ly for issues involving the po.lar crane?
l 23 A The beginning of your question was what?
l 24 Q Was it your understanding that the memorandum that l
25 Mr. Chwastyk issued, removing or relieving Mr. Parks of his l~'
l ;
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.U 1 responsibilities as a member of the primary site operations 2 representative to the test. working group, was limited only to 3 his involvement for polar crane issues?
4 A I think that's the way I understood it, yes.
5 Q Mr. Barton, would you tell me, if you know, what' 6 other issues were before the test working group at the time 7 other than th.t polar cn ne issue? i 8 A 1 don't know of any others.
9 Q If there wasn't a test working group --
10 MR. HICKEY: Pardon me, I didn't hear you.
11 BY MR. BERRY:
12 0 If there was not a test working group -- strike I
'v 13 that.
14 If there wasn't a test working group,.how would.
15 that polar crane issue have been handled?
16 A Which issue?
17 Q The issue relating to the load testing.
18 A The load test? Do you want me to think up an 19 organization or scenario on how we would have handled the 20 polar crane load test if we did not have a procedure 1047; is 21 that correct?
l 21 Q Well, if that is the implication of the question, 1
23 I withdraw it.
l.
24 A Okay.
l I
l 25 Q Are you familiar with the PORC?
l l
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30475.0-COX 92 1 A Yes. ] 1 2 0 Is that-the Plan Operations Review Committee?
3 A Correct.
4 0- What is their responsibility? f 5 h To review selected procedures to assure that the 6 technical specifications and nuclear safety-related issues
-t 7 were resolved satisfactorily or were handled satisfactorily 8 in the documents that they reviewed. /
9 Q Is the load testing of the polar crane something 10 that would fall within the jurisdiction of the PORC?
l 11 A Well, the PORC would have reviewed - .the PORC did 12 review, I believe, the safety evaluations that were prepared 13 .for the polar crane refurbishment and the load test..
14 Q Finally, Mr. Barton, let's turn to the subject of, ,
15 or to the date of March 23, 1983. That-was the date that 16 Mr. Parks held his press conference where he "went public."
17 A Okay.
i 18 Q Do you recall a meeting held that morning?
19 A Yes, I do.
20 0 Could you tell me who called the meeting?
21 A Mr. Arnold.
22 Q What was the purpose of the meeting?
23 A I believe the meeting was called so Mr. Arnold 24 could inform the staff, rather than them seeing it in the 25 newspapers or hearing it over radio or television, is to O-ACE-FEDERAL REPORTERS, INC.
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30475.0 COX 93 O 1 inform the staff that Mr. Parks was going to have a press 2 conference in Washington, D.C., later that morning or 3 sometime that day.
4 Q Did Mr. Arnold say how he knew Mr. Parks was going 5 to have a press conference?
6 A I believe Mr. Arnold had knowledge of a press 7 release or an affidavit or something.
8 Q Did anyone else have a knowledge or -- strike 9 that. Do you know if Mr. Arnold had a copy of the affidavit?
10 A I believe there was a copy available.
I 11 Q How many people were in attendance at this 12 meeting?
13 A I would guess two dozen, roughly.
l 14 Q I believe Mr. Parks recounts in his affidavit that i 15 he was informed about 25 to 30, does that sound about right?
16 A That could be about right, yes.
(
17 0 Who were these people, what level, how was the 18 staff selected?
19 A I think Mr. Arnold wanted everybody on the Island k 20 to know of this press confcrence, because there were people
]
21 invited from Unit 1. I know the Unit 1 director was there.
22 There was someone from all the functional l 23 departments on the site were there. That's the reason he got l l
24 about two dozen people.
l l l s . 25 Q They are all manager types?
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30475.0 COX' 94 A I V l 1 A I don't believe anybody was there below a manager !
)
l 2 level that I recall.
i 3 Q Manager level, would that be someone on the order l 4 of Mr. Kitler? Would there be a lower level manager then I
5 Mr. Kitler?
6 A I don't recall anyone lower level than that 7 there. I 8 Q Do you recall whether Mr. Kitler was there?
9 A No, I do not.
10 0 How long did the meeting last?
11 A Half hour, 45 minutes.
12 O Did Mr. Arnold recount for the benefit of the
\
13 audience the subjects discussed in the affidavit?
14 A What subjects and what affidavit?
15 Q The affidavit that Mr. Parks was going to issue at 16 the press conference that would take place later that 17 afternoon. You mentioned that he had had an' affidavit.
18 A There was no detailed discussion of the contents 19 of that affidavit in the meeting.
I 20 0 So, Mr. Arnold informed the staff that Mr. Parks-l 21 was scheduling a press conference to take place later that 1
22 afternoon; correct?
23 A Yes, he did.
24 0 But he didn't say what the press conference was l
25 going to be about?
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[ COX 95 l LO 1 A He may have. It was about Parks' allegations.
l ],
l 2 Q Do you remember whether ne identified what the 3 allocations were? i l
i
- l. 4 A Not specifically,
! l 5 Q' You don't specifically remember whether he l
1 .
6 identified them or you don't specifically remember what he l
) 7 identified?
l 8 A At this time I don't specifically remember what he j j
l 9 -covered.
j 10 Q Did you say at that meeting Mr. Barton had --
l
-11 Mr. Parks ought to be fired?
12 A I am sorry, I didn't hear your question.
! I 13 Q Did you say at that meeting on March 23, 1983, j
'14 this meeting we have been discussing, did you state that 15 Mr. Parks ought to be fired? i 16 A I don't remember making that statement at a 17 meeting.
38 Q Are you aware that that answer was not the same as 19 saying, no, you didn't make the statement?
20 A Am I aware that that answer is not the same as, 21 no, I did not make that statement?
22 O Right.
23 A I am aware that the answer is not the same.
24 Q Your testimony is you don't remember making a 25 statement?
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l 30475.0 COX 96 1 A That's correct.
2 Q Do you recall whether you stated'at that meeting 3 that Mr. Parks should not be let back on the Island?
4 A Yes, I remember making that statement.
5 Q What did you mean by that?
6 A Well, I had some knowledge of the subject at the 7 meeting.
8 Q Where did you get that knowledge from?
9 A Prior to that meeting, I had seen either'a copy of 10 a press release or I had seen the affidavit, and I don't 11 remember which at this time. I recall, from the information !
12 that I had read, that'from some of the allegations made by s
13 Mr. Parks, which I didn't believe to be true, and some of the 14 things that I read that I knew were not.true, that I didn't 15 see how Mr. Parks could function if he were allowed back i 16 on-site, since some of his coworkers were people he attacked 17 in his affidavit.
18 Q Would you describe for me any of the allegations 19 which you reviewed at the time that you knew not to be true?
20 A I can't recall any of those specifically, no. I 21 remember one thing was the attack on the mystery man, 22 though. At the time I couldn't make judgment whether there 23 was any validity to the mystery man, but it was an attack on )
, 24 a fellow employee, on a coworker.
l l 25 Q Is that unusual, Mr. Barton, that one employee may 1
l 1
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COX l' ; 97 s
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1 criticize another one? y I 2 'MR. HICKB/ :' Under the' circumstances of Mr.1%rke' N
3 criticism? >
( '
4 DY MR. BERRY: t
,i r
5 0 My question is, is it unusual.tlaat arce.mployna 6 sometimes criticizes another employee, is tha t' oro a ual?
7 A I have to distinguish between criticism hna.
' U 8 attack. k e,
9 Q A;l right. Please do.
10 A I think there are times when employees'are Il critical of each other. Bttt that wasn't the purpose of my
\
12 feeling tha.t Mr. Parks should tot come back on the site. It
-r %
\, \
O 13 was the statements made by,Mr.l / arks e,hct I knew were not
.f 1 t
- t 1
-14 true at the tiae, and.the personal' atfasks.
\
15 Q What st.atement did Mr. Parks make that you knew ;
16 not to be true? Do you need go see the affidavit? f 17 A Pardon? .['
18 Q Do you need to see the affidavit, the Parks U
g 19 affidavit?
t !
I would have to read the affidavit page by page j 20 A i
1 21 and tell you item for iten tho9e whip? I telieve are not true j
- t. ,
22 or know there are not true. 'There are'seveh.t1 of them, many i 23 of them. j s . I 24 Q Is there anything that sty.cks out in yotir '.nind 25 now, would you tell us, having to refresh your recollection l
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- l. . COX 98 >
l I
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! ) ( {
1 again, any allgation other than the/ mystery man allegati'on 2 that you knew t.ot'to be true?
3 A Yes. . He inisstbed me in a meeting tha't we held 4 with Kanga. He' took credit for a recommenclat1N1 whisn'was i
-l 5 mine. q t
6 Q Which recommendation was that?
7 A How we could resolve the polar crane load test 4 -,
8 issue. He said it was his suggestion. It was not, it was my L..,
9 idea.
10 0 What was the resolution, the suggest'ed resolution?
i 11 A The resolution was, I suggested at the meeting,
.y 12 the issue was he took credit for it. He didn't even have any
?
\ -
13 idee on how to resolve the . issue. 1. felt at the meeting he 14 did not really want to re$olve the issues, se .h caniu 'up with i5 a suggestion as to how he coisio resolve the 1o:34 test issue. f 16 Q Did that crediting that resolution bo Mr. Parks.
- 17 that was yours, did that influence your determination that ,
18 Mr. Parks had hampered his ability to function, it'that was .
19 the term you used? i i
That was one example of many, that I felt once I 20 A 21 people were allowed to read the affidavit,-once the affidavit 22 was made available, a copy of it made available, that there 23 were many issues that would have impacted upon his ability to 24 function with his coworkers.
25 Q Let's turn to this mystery man. I believe you O
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.1 l Said,that Mr. Parks attacked Mr. Kunder. I will place before f ,
i
! 2 1- you a portion of the affidavit where he discusses l
3 3 Mr. Kunder. l l n. \
l ; 4 My copy has handwritings on it. They are not 1
5 mine, they belong to others. I don't believe they are
^ 4 .-
t 6 Mr. Parks and I car.'t identify the handwriting, although I p *
- W f
7 believe it's someone in our office. If your counsel has it.
8 MR. MAUPIN: Which page do you want?
4 9 MR. BERRY: I think it starts on the first full 10 paragraph of page 35 and continues on to page 37.
11 BY "R. BERRY:
- >e - 4 12 O I would ask you to identify what portion of that 13 affidavit constitutes, in your view, an attack on i
14 Mr. Kunder. !
15 MR. HICKEY: I would like the portion of the two 16 pages you are showing him.
17 - MR. HERRY: or if you can point me to any other 18 p j 'partion of that affidavit.
19 } THE WITNESS: The first sentence says, "Kunder's h
20 unwillingness to get involved did not surprise me." Kunder 21 did get involved. Every time there was a safety issue ;
22 brought to Kunder's mind, he would raise it if management 23 cou.'.dn't resolve it.
24, BY MR. BERRY:
E 25 Q So that statement, "Kunder's unwillingness to get i
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O 1 involved did not surprise me," did that constitute an attack,
! 2 in your view, on Mr. Kunder? I i
l 3 A The issue, here, on Mr. Kunder, I believe, is not l 4 factual.
5 0 I am asking you to point out to me what l
6 constitutes, in there, what constitutes in your view an i 7 attack on him.
8 A Next sentence. "It is common belief among various 9 members of the So staff that Mr. Kunder was the mystery 10 man." I don't know of anybody in the 50 staff that believed '
n 11 Kunder was the mystery man.
12 I interviewed about six or eight or 10 people 13 regarding that issue, people inside and out, and they never 14 heard of the term " mystery man" until they read it in 15 'Mr. Parks' affidavit. So there is an example of an attack 16 against a person on an issue that nobody ever heard of, and 17 Parks says that it was common belief. It was not common j 18 belief.
19 Q Does Mr. Parks identify the sources that he uses i 20 as the basis for that statement?
21 A I talked to Chwastyk. He never identified Kunder 22 as the mystery man. I interviewed Joe Smith, I interviewed !
23 John Auger and several other people. They never heard of the i
24 term " mystery man." These are th( people Parks claimed knew ;
)
25 all about mystery man. I talked to Bob Gummo. He says Gummo
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l l' '30475.0 COX 101.
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I was aware.
l 2 Bob Ryan, I interviewed Bob Ryan. He never heard 3 the term " mystery man " This affidavit is full of 4 misstatements and untruths like that.
5- Q That's' assuming, of course, that many of the 6 people that you interviewed were truthful to you; isn't that 7 true?
8 A I tend to believe an interview of six or eight 9 people over the statement of one' person, when nobody else 10 ever even heard the term.
Il Q When did you conduct these interv3ews, Mr. Barton?.
12 A It was right after the affidavit came out or after r-13 the meeting. It was on or about the 23rd of March.
14 Q Had you read the affidavit by the time you 15 conducted the interviews?
16 A Yes, I did.
17 Q Had the individuals you used, had they read the-18 affidavit?
19 A They read the pages regarding % .ery man, yes, 20 they did.
21 Q Were any of those individuals in attendance at the 22 meeting that was called by Mr. Arnold?
23 A I am not sure. But by the makeup of the meeting, 24 Mr. Chwastyk may have been there.
25 Q Why did you conduct these interviews?
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L 30475.0 l .- COX 102 l O r 'O
~1 A Mr. Arnold was concerned regarding the seriousness l
- j. 2 of the allegation that Parks made regarding tne mystery man l 3 issue.- It was the first time, I think, anybody had heard the 4 term. Mr. Arnold asked me to interview everyone that was i.
5 mentioned in Parks' affidavit regarding mystery man, to see 6 if any of them had knowledge of Kunder being involved with 7 the safety injection pumps at.the time of the accident, and 8 whether Kunder was the so-called mystery man.
-9 'O Did you tell Mr. Arnold, at the time he made this l
10 request to you, that you were certain that the allegation.was 11 untrue, constituted an unwarranted attack on Mr. Parks - '
12 A No, I did not.
f' 13 Q I haven't finished the question. -- and it should 14 therefore be unnecessary to conduct this investigation?
15 A No, I did not. My boss asked me to do something, 16 and I did what he asked me to do.-
17 0 You didn't express to him your opinion that it was 10 unnecessary to do it because it was a specious allegation? ;
19 A No, I did not. I was asked to do something by my 20 boss, and I did it. ;
21 Q How did you conduct these interviews?
22 A The people named were asked to read the section of 23 the affidavit regarding mystery man, and I asked them a 24 series of questions regarding their knowledge as to what was 1 25 said in the af fidavit, or did they have any other knowledge 0 ,
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30475.0 COX 103 I O. I 1 of Mr. Kunder's being involved with safety injection pumps at I
2 the time of the TMI-2 accident, or had they ever heard of 1
3 Mr. Kunder being referred to as the " mystery man," and I took ,
4 direct statements from them, which they signed and I signed. j 1
5 Q You didn't have a court reporter present, did you, 6 while you took these statements, did you? :
7 A No, sir.
8 0 Were there verbatim transcripts of your 9 interviews?
10 A They were notes that were taken during the ,
i 11 interviews. They were typed, people read their notes, they 12 read the typewritten version and they signed the typewritten A .
V 13 version.
14 Q I think your counsel has been good enough to make 15 available to us a list of documents, and I think these ,
i 16 purport to be statements to which you have just referred.
l 17 For the record, I would identify them, one appears J
18 to be a March 23, 1983; statement from Mr. Kitler, March 23, i 19 1983, statement from Mr. Bernard G. Smith, another statement 20 of the same date from a-John Auger; another statement.of the 1 21 same date, March 23 and 24, of Mr. Chwastyk, that's two ;
22 pages; another statement of March 23 of a Mr. Gummo. Another l
23 statement of the same date, March 23, from Mr. Kunder.
24 Another statement of the same date from i
25 Mr. Marshall, another one from Mr. Perry. Another one from a l O i ace FEDERAL REPORTERS, INC. l 20244NT Nationwide Coverage M433MM6
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1 Mr. Ryan. Another statement of the same date, March 23, .
.l 2 1983, from a Joseph Smith. Another one from a Mr. Lee i 3 Rogers. Finally a statement from'R.P. Warren.
4 I place those before you and ask you if those are 5 the statements to which you testified.
6 A These are the statements I referred to in my 7 earlier testimony.
8 Q Are there any statements missing?
9 A I don't know.
10 0 I would represent to you.that these statemeni.s are 11 in the-form that I received them in discovery.
12 Mr. Barton, is it your position that Mr. Parks 13 knew that Mr. Kunder was not the mystery man at the time.he 14 made the statement?
15 MR. HICKEY: When you say his " position," do you 16 mean his belief or opinion?
17 BY MR. BERRY:
18 Q Is that your testimony?
19 A Please repeat the question.
20 Q I will rephrase the question. Mr. Kunder --
21 MR. HICKEY: This is Mr. Barton.
22 BY MR. BERRY:
23 Q Sorry. Mr. Harton, is it your belief that 24 Mr. Parks knew, at the time that he made the statement 25 reflected in his affidavit, that Mr. Kunder was not the ACE-FEDERAL REPORTERS, INC.
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.1 mystery man?
l 2 A All I can say is that the evidence is overwhelming 3 that no one knew a mystery man. So I can't tell you what was 4 in Mr. Parks' mind regarding mystery man when he made the 5 statement in his affidavit.
6 Q Do you have any doubt that Mr. Parks could have 7 done no more than make an honest mistake?
8 A I have problems with that, because he implicates 9 eight or nine other people as having knowledge of it, and 1 10 they all claim not.to have any knowledge. I 11 Q When you conducted this investigation, or you were-12 instructed by Mr. Arnold to conduct this investigation, did 13 he give you any other instructions?
14 A The only instructions I remember he gave me was to 15 interview the people mentioned in myster*/ man and get the 16 information back to him.
17 Q Did you exceed the scope of that direction in your 18 inves tiga ti on?
19 A I did not.
20 0 Did you, for example, ask any of the people thal 21 you interviewed that were implicated by Mr. Parks as having 22 knowledge of a mystery man, for example, whether, in light of 23 the statements that he had made in his affidavit, could they 24 continue to work with him?
g . 25 A I don't recall that, getting into that.
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30475.0 a COX 106 1 Q If you had gotten into that, would that have been j 2 something that you would have put into your statement?
3 A I believe it would have been. l 4 Q Did you talk to any other employees at TMI i
5 regarding their ability to work with Mr. Parks in light of 6 the statements he had macie at his press conference?
7 MR. HICKEY: On that same day, or are you asking 8 more broadly?
9 MR. BERRY: Did he talk to anyone else?
10 MR. HICKEY: Yes. u 11 MR. BERRY: I am asking him more broadly. I am 12 not limiting it to that day. Strike that. Let me start 13 over.
14 BY MR. BERRY:
15 Q Did you talk to anyone else on that day, March 23,' '
16 or the following day, March 24, regarding their ability to 17 work with Mr. Parks, continue to work with Mr. Parks in light 18 of the statements that he had made at his press conference?
19 A I can't recall specifically. There were people 20 that were concerned about statements made by Parks in his 21 affidavit. I think they had some reservation as to how 22 effectively they could have worked with him after having made 23 those statements.
24 Q Can you identify any of those persons?
25 A Not right now I can't.
)
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b-1 Q At the time, did you preparc a list or did.you 2 document --
3 'A No, it was a. general conversation of the way 4 people felt about what Parks had said in his affidavit.
S Q Can you describe any of those people by title, 6 function or responsibilities?
7 A Some of the people were in site operations 8 organization.
9 Q But you don't recall any names?
10 A No.
-11 Q What did you do with that information?
12 A I don't think I did anything with it. I don't O
V 13 remember that I did anything with it.
14 Q Did you report it back to Mr. Arnold?
15 A I don't remember pointing it back to Mr. Arnold. ;
16 Q Mr. Wheeler?
17 A Mr. Who?
18 Q Wheeler, affiliated with Bechtel?
19 A I don't think I-am familiar with Mr. Wheeler. i 20 Q His name is Richard Wheeler?
l 21 A Doesn't ring a bell. j 22 Q Did you know who Mr. Parks' administrative l' .
23 supervisor for Bechtel was at the time he made.those ]
j 24 statements at his press conference? l l 25 A No, I do not.
l 1
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l- 30475.0 I . .COX 108 lO l< 1 Q Did you talk to anyone from Bechtel -- strike
~2 that.
3 Did you pass on to anyone from Bechtel the 4 information that you received in the course of your 5 investigation into'the, mystery man or these other informal 6 conversations that you had with other people who --
7 A I can't recall specifically.
8 Q Excuse me, let me finish the question. Who 9 expressed the concern that in light of statements made by 10 Mr. Parks, that it may be difficult to continue working with 11 him?
12 A I may have mentioned that to Mr. Kanga or 13 Mr. Arnold. I don't recall now.
14 0 If you had mentioned it, that would have been 15 oral?.
16 A Yes.
17 Q Do you recall when you would have mentioned it to 18 them?
19 A It would have been shortly later that day or the l 20 next morning.
21 Q Do you recall if you identified to Mr. Arnold, if I
22 you did mention in this conversation, the individuals who had a 23 given you this information? I 1 t
24 A I don't remember. ]
l 25 0 Are you aware, Mr. Barton, that Mr. Parks alleged 1 O (
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!.. . COX 109 :
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1 that Mr. Thiesing was the one that removed him as the startup- l 1
- 2 and test alternate.to the test working group in February of )'
3 1983, when, in fact, apparently, it was Mr. Kitler that made 4 that decision? Are you aware of that?
t 5 A Yes, I read that in documents that you showed me 6 today.
7 Q Do you agree that by attributing his removal from 8 that position to Mr. Thiesing, rather than Mr. Kitler, that 9 Mr. Parks' credibility is impaired?
10 A I don't know, because I don't know whether.
11 Mr. Parks made an honest mistake, or didn't know who 12 requested to remove him from the test working group or what q
k/ 13 the circumstances were.
14 Q I showed you earlier some documents that were 15 appended to November l', 1984, Stier memorandum, tabs 308 and 16 309. They are the February 19, 1983, memorandum from 17 Mr. Kitler to the startup and test working group announcing 18 the appointment of Mr. Walker as the startup -- alternate 19 startup and test supervisor. Do you recall being-shown those 20 memorandums?
21 A Yes, I recall seeing them, yes.
22 Q Do you see Mr. Parks' name anywhere on those 23 documents?
24 A No, I do not.
25 0 Is there anything in those documents that would O
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l L .30475.0 l- COX 110 LO' -1 indicate that Mr. Kitler notified Mr. Parks that'he was being
(
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l 2 demoted?
l 3 A What makes you think he was demoted?
l 4 Q That he was no longer Mr. Kitler's alternate on l
- 5 the test working group?
l 6 A Your question is, do I'see anything in these 7 memorandums that would have notified Mr. Parks?
8 Q Yes.
9 A No. There is nothing in the memorandum that 10 notifies Mr. Parks.
Il Q Thank you. Do you know whether Mr. Kitler 12 discussed with Mr. Parks his imminent replacement prior.to O. 13 February 18, 1983?
14 A I.think I testified earlier that I was not even 15 aware of this action taking place.
36 Q I believe he did.
17 MR. BERRY: Why don't we take a 10-minute. recess.
18 I will review my notes. I think I am done, and I will pull 19 everything together.
20 (Recess.)
21 MR. BERRY: Please mark that as Barton Deposition 22 Exhibit 2.
23 (Barton Exhibit 2 identified. )
24 BY MR. BERRY:
25 Q Mr. Barton, on October 28, 1986, GPUN served O
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( 30475.0 COX 111 (q/ l
( 1 responses upon the Staff to'the Staff's first set of l 2 interrogatories, and at page 16 of that response, the company 3 states that, in response to the question, the company was 4 asked to identify all oral communications or documents ,
I 5 concerning interrogation of TMI-2 employees concerning the 6 Quiltech Company. The company identified or stated that you, 7 Mr. Barton, interviewed Mr. Chwastyk on March 10.
8 Do you see that? I would ask you if that 9 refreshes your recollection as to whether, in fact, it was 10 March 10 that you interviewed Mr. Chwastyk. j 11 A It could have been March 10.
12 Q Having reviewed this document, would that refresh' O
d 13 your recollection as to what the substance of the nature of 14 that particular discussion was?
15 A No, no more than what I stated before. I just 16 didn't remember the date, as far as the duration of the 17 meeting and Chwastyk's activities with Quiltech. I don't 18 remember anything else that was discussed.
19 Q On page 17 of the company's response, they, in 20 response to the question, the company was asked to identify 21 each GPUN or Bechtel North American employee to whom 22 Mr. Parks expressed concerns, either orally or in writing, 23 about the safety of and/or procedures used in the testing of 24 the polar crane at TMI-2. The company identifies you as one r 25 of the individuals to whom Mr. Parks expressed concerns.
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i 30475.0 COX 112 0 1 The question to you is could you describe for me 2 the concern that Mr. Parks expressed to you? l 3 A The only discussion I recall having with Mr. Parks j 4 on'the polar crane was at the February 23. meeting in 5 Mr. Kanga's office when we were discussing the polar crane 6 load test, and the Bechtel procedure on the CB, CDPI 7 construction, Department of Construction Number 20, and its 8 validity with respect to refurbishment of the crane. ,
9 Q Was Mr. Parks' concern. valid?
10 MR. HICKEY: Which concern are we talking,about?
11 MR. BERRY: The concern that he just expressed.
12 THE WITNESS: Polar crane.
( _
's -
13 MR. HICKEY: Can we be a little more specific? ;
i 14 BY MR. BERRY: 1 15 Q I will ask the witness to be more specific.
16 A Mr. Parks was concerned that the polar crane test I
17 proposed by Bechtel was not reviewed by the test working 18 group, and also that it did not meet the requirements of 19 procedure 1047.
20 0 In what respects did it not meet the requirements 21 of 1047?
22 A As I recall, the way that came out was we asked 23 the test working group to look at 1047 -- I mean, to look at {
24 the procedure, and there were no technical or safety issues 25 that were not resolved by the test working group. It turned
(
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1 out to be a format. The procedure was not written in the 2 format and style required by AP 1047. 1 3 Q Was Mr. Parks concerned that the polar crane test l
l 4 proposed by Bechtel had not been reviewed by the test working ,
l 5 group; is that a valid concern?
6 MR. HICKEY: What do you mean by valid? I l
7 BY MR. BERRY: J l
8 Q Meritorious. Was he correct?
9 MR. HICKEY: At the time he raised it, had it been 10 reviewed by_the test working group? Is that the question? l 11 BY MR. BERRY:
I2 Q At the time he raised the concern to Mr. Harton.
f3 V 13 A Was it a valid concern?
14 MR. HICKEY: Yes.
15 MR. BERRY: Yes.
16 MR. HICKEY: Had it been viewed as a valid concern 17 at the time he raised the question by the TWG, 18 BY MR. BERRY:
19 0 Was it a valid concern when it was raised by the 20 test working group?
21 A I think we had an option, the option being the 1 22 test being conducted as part of' refurbishment by Bechtel 23 prior to the crane being turned back to site operations, and 24 then another test which would have met the requirements of 25 1047 and reviewed by the test working group performed by site O ;
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30475.0 COX 114 D- operations, which was perfectly legal by the procedures, and 1
2 was'the way one would normally do a functiona) test. After 3 modification was made, or a new. system was installed, or an 4 item was refurbished, there were construction tests and then-5 the system was turned over to site operations, and site 6 ' operations would have run a functional test.
7 Q Is that all the first option that the test would 8 be conducted --
9 A As.part of refurbishment by Bechtel.
10 Q And then --
11 A That was one option.
12 Q Okay, s
13 A And then when it was turned over to site 14 operations, they could have run a functional test. Bechtel 15 would have done a construction test to test out refurbishment 16 of the crane and prove its ability to lift the reactor vessel 17 head. The crane could have been turned back, turned back to 18 site operations, and they could have run a functional test. L 19 That was perfectly legitimate by the site procedures. That 20 procedure that site operations would have run would'have had 21 to be in the format of 1047 and reviewed by the test working 22 group before it was conducted.
23 Another option was to have only one load test of 1
l- 24 the polar crane done. After Bechtel finished the 25 refurbishment, just do one test to prove the crane's l
, V j ACE FEDERAL REPORTERS, INC.
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.30475.0
- COX 115 r\ '
kJ 1 abilities to lift the reactor vessel head. Now, if we are 2 only going to do the one test, it should have been reviewed 3 by the test working group prior to it being conducted, and 4 that is subsequently the way the issue was resolved. It was 5 decided to only do the one test, have the procedure put into l 6 the 1047 format, I believe, al.d have the test working group 7 review that test, and then go have it performed by Bechtel 8 prior to it being turned back to site operations. That was 9 perfectly legitimate also.
30 Q When was that decision made?
11 A At the February'23 meeting in Mr. Kanga's office.
12 Q Prior to that, prior to February 23, what was the.
f .
k 13 proposed course action, which of those options or some other 14 option?
15 A I think that was part of the confusion as to what 16 was going to happen with the crane. Parks and others felt 17 that the test that Bechtel wanted to do was not in accordance 18 with 1047, and, therefore, the testing of the crane was not 19 approved by operations. Bechtel had their crane for 20 refurbishment and Bechtel's understanding was they had to do 21 a load test to see the crane's operability.
22 I don't think it crossed Bechtel's mind that their 23 test had to meet 1047. They had to to do a load test to make 24 sure it worked. In their mind, they weren't going to do a 25 1047, they were going to do it, give it back to operations l'
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30475 0 COX 116 A
l- U 1 and operations would prove there was a 1047 test. There was 2 no need to do that, and people were confused as to which way 3 to do-that thing. Therefore I made a recommendation, do one 4 test, everybody review it, in the right format, Bechte) will 5 look at it. That's what was ultimately decided. It was not 6 a non-issue because some people were having differences --
7 Q Is that the recommendation that you say Mr. Parks 8 took credit for?
9 A Yes. ,
i 30 Q Mr. Barton, in the company's October 28, 1986, 11 responses to interrogatories, the company lists a number of 12 individuals in which they are tentatively identified as.the 13 witnesses. I notice that you are not on that list. I would 14 ask you, have you had any discussions or has anybody 15 indicated to you that you might be a witness in this 16 proceeding at the hearing?
l 17 MR. HICKEY: You don't want to ask him about 18 discussions with his lawyers, do you?
19 MR. BERRY: No, I am not asking you about 20 discussions with your . lawyers.
l 21 THE WITNESS: So your question is --
l 22 BY MR. BERRY:
l 23 0 To your knowledge, are you planning to testify in 24 this hearing?
l 25 A I guess if I am called, I will testify.
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COX' 117 i
-(w ) ,
1 Q But nobody has -- well, strike that. All right. )
l
- l. .
)
l 2 MR. BERRY: That's all I have. l l
l l 3 MR. HICKEY: I just wanted to go briefly into one }
l 4 other matter, if I may, or one matter that you raised, i l l l 5 Mr. Berry, could you show the witness the document you had l 6 that was tab 75 that had the portion of procedure 1047. l l .
7 MR. BERRY: Any particular portion?
8 MR. HICKEY: There were two or three pages that ;
9 you showed the witness.
l 10 MR. BERRY: The procedure?
11 MR. HICKEY: Yes. i 12 MR. BERRY: 1047?
O-V 13 MR. HICKEY: Yes. My notes on his answer and your 14 question aren't clear, but I recall.
15 EXAMINATION I
16 BY MR. HICKEY:
17 Q Let me ask the witness to look specifically-at 18 paragraphs 2.0 and 2.1 of that procedure. I believe 19 Mr. Berry asked you a question, Mr. Barton, about whether --
20 I am going to phrase the question in my words rather than 21 his, but the substance of it was whether there was a 22 requirement in section 2.1 that indicated whether the member 23 and the alternate should be from a specific organization or 24 from the same organization.
25 Can you look at paragraph 2.1 and tell me whether
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1 you-see anything there that bears on the question of what 2 organization the member and the alternate should be from?
1 3 A No. 2.1 states that the test working group shall 4 consist of one member'and at least one alternate from the 5 following organizations. Then it lists four or five 6 organizations. I believe I answered that question before, 7 stating'that the alternate did~not have to be from the same 8 organization as the member, and I was asked whether that' 9 procedure allowed that, and the procedure' specifies that 10 there has to be a member and an alteIrnate from each of the 11 organizations.
12 Q One of the organizations listed --
f
\, 13 A Startup and test, plant operations, plant 14 engineering, recovery' engineering and site quality' 15 assurance.
16 Q Now, the procedure has an asterisk by some of 17 those organizations, and two asterisks by another one. The 18 single asterisk indicates what?
19 A Voting members. That's those assigned to startup 20 and test, recover operations and engineering. The double 21 asterisks denotes voting members for only importance of l 22 safety testing. That applies to the quality assurance 23 organization. i i
24 MR. HICKEY: Thank you.
.j l
~
25 MR. BERRY: Anything else? ]
I r
l l
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L '30475.0 COX 119 l 1 MR. HICKEY: No, I don't have anything else. ]
j 2 Thank you. .
'l 3 EXAMINATION !
4 BY MR. BERRY:
'5 Q Mr. Barton, I guess you made a mistake; right?
6 h Yes, I did. ,
7 Q Now, with reference to. paragraph 2.1, states that 8 "the TWG shall consist of one member and at least one.
9 alternate from the following organizations." So there can.be- l 10 more than one alternate, can't there?
11 A- By that procedure, yes.
12 Q So, in other words, what would stop Mr. Kitler 13 from appointing Mr. Walker but not removing Mr. Parks *:
14 MR. HICKEY: I think you are assuming facts that 15 aren't in evidence.
16 THE WITNESS: You have to ask Mr. Kitler, I 17 guess.
18 MR. BERRY: What are the facts not in evidence?
19 MR. HICKEY: He has told you he doesn't know what 20 Mr. Kitler's thoughts were. That answers your question. .
I 21 MR. BERRY: That wasn't the question at all. !
22 BY MR. BERRY: !
23 Q The question was, what is there in a procedure 24 that would prohibit Mr. Kitler from appointing Mr. Walker but 25 not removing Mr. Parks.
/\CE-FEDERAL REPORTERS, INC. i 202 347-3700 Nationwide Coverage MO-336-6646
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30475.0
. . COX 120 1 MR. HICKEY: Is there something in evidence that 2 shows that Mr. Parks was removed?
3 MR. BERRY: Yes.
) 4 MR. HICKEY: I don't think there is. I think l
5 there is a memorandum that shows he was removed as alternate 6 test and startup supervisor. That's-the document you showed 7 the. witness. earlier.
8 MR. HERRY: That was.the question.
9 MR. RICHARDSON: Your question was removal from 10 TWG. I 11 BY MR. BERRY:
12 0 With that clarification, let me just rephrase the f
( 13 question. What in that procedure would have prohibited-14 Mr. Kitler from appointing Mr. Walker as his alternate while 15 at the same time not removing Mr. Parks as an alternate?
16 MR. HICKEY: The objection is if there is no I
-17 evidence, your question assumes that Mr. Parks was removed as f 18 an alternate.
19 MR. BERRY: All right, your objection is noted.
20 MR. HICKEY: You are asking him to assume i 21 something that isn't a fact.
22 MR. BERRY: I understand your objection. I just l
23 disagree with it. If the witness can't answer the question 24 he can tell me.
i 25 THE WITNESS: I can't answer that quest. ton, I
f ace-FEDERAL REPORTERS, INC. !
202 347 3700 Nationwide Coverage 800-3364M6
30475.0 COX 121 I because.I' don't know that that is what happened in i 2 Mr. Kitler's . letters, i
3 BY MR. BERRY:
4 0 Is it your testimony, Mr. Barton, that'you don't 5 know whether Mr. Parks was removed as the alternate startup 6 and test alternate on the test working group?
7 A I do not know that. !
8 Q .You do not know that?
9 A That's correct.
10 0 Are you aware whether the company has asserted 11 that position?
12 A No, I am not.
V 13 MR. BERRY: That's all I have. Thank you, 14 Mr. Barton. You will have an opportunity to review your 15 deposition, make any changes that are necessary.to accurately 16 reflect your testimony. Depending on the nature of those 17 changes, I may have an opportunity to question you about 18 them.
19 THE WITNESS: I understand.
20 (Whereupon, at 3:33 p.m., the deposition was 21 concluded.)
l 22 23 __________________________
l 24 JOHN J. BARTON 25 i ' F l .d l
l l
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202 347-37(X) Nationwide Coverage M(b336-(M6 j l . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ _ . _ _
CERTIFICATE OF NOTARY PUBLIC & REPORTER 122 I, WENDY S. COX , the officer before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken in shorthand and thereafter reduced to typewriting by me.or under my direction; that said deposition is a true record of the f testimony given by said witness; that I am neither counsel for, related to, nor employed by any of the parties to the action, in which this deposition was taken; and, further, that I am not a relative or employee of any attorney or l counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of the action.
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Notary Public in and for the DISTRICT OF COLUMBIA My Commission Expires November 14, 1987 O
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k March 19,1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION BEFORE THE AD!V'INISTRATIVE LAW JUDGE In the Matter of )
) Docket 'No. 50-320-GPU NUCLEAR CORPORATION ) (Civil Penalty)
) License No. DPR-73 (Three Mile Island Nuclear Station ) EA 84-137 ':
Unit No. ' 2) ).
NOTICE OF DEPOSITION OF JOHN J. BARTON Pursuant . to 10 C.F.R. I 2.740a, the NRC Staff hereby gives notice
( that it shall take the deposition of John J. Barton, c/o J. Patrick Hickey, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C. 20037, in the above-captioned proceeding. The deposition shall commence on Tuesday, April 7, 1987, at 9:30 a.m. and continue until completed. The deposition will be taken at the offices of Bechtel Eastern Power . Corporation, 15740 Shady Grove Roed, Gaithersburg, Maryland, before a notary public from Ace Federal Reports, Inc., 444 North Capitol l Street, Washington, D.C. 20001.
Mr. Barton will be examined as to the issues covered by the l
attached Presiding Officer's Memorandum and Order Following Prehearing Conference (August 13, 1986). . hir. Barton shall bring to the deposition all records, notes, memoranda, files , and documents (including personal !
- notes and documents) in his possession or subject to his custody or ;
control .that relate to: (1) any of the matters set forth in TV 2-5 of the
attachment to this notice; and (ii) the consideration, investigation, 4
evaluation, or resolution by Bechtel or GPU Nuclear, Inc. of any of the safety concerns or claims of harassment, intimidation, discrimination, or threat of reprisal raised by Richard Parks in his affidavit of March 21, 1983.
O lh\
7rc' gor:f lan pdr'ry r
Counsel for l@C Staff L
Dated at Bethesda, Maryland this'19th day of March,1987 h
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A?.J 8/13/86 UNITED STATES OF F. ERICA , .,
NUCLEARREGULATdYCW.ISSION ,
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1.DMlNISTRAtIVELAWJUDGE
'- ( , -N ) .
- (s *I1i Ivan W. Smith .
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In the Matter of ) c , 4c Dociet No. 50-320M General Public Utilities Nur. lear - .' Lice'nse No. DPR-73 )
Corporation h)I '
EA 84-137 i'
)
' (ULGP Ho. E6-534-01-OL]
1 s
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(ThreeMileIsland,UnitNo.2) } . (Civil Penalty) , g ,
hugust 13, 1986 1
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v( x MEMORANDUM AND ORDER TOLLO'a'ING FREHE/11NG'CONFT8%NCE.:,,' s i
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/73 !
Counsel for General Public Utilities 'And Counsel for the NRC StlTJ <
l1, 1 l
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i joined me in a prehearing conference at Ee heti!a, Maryland on July 30, '-
1955. ;. $,' ,
I
' 1 3
Discovery is authorized to hepn irnediately.s ' QN pgies and I l have agreed that discovery ray le had 1,r. der the follos.'ngL troad issues: ,
- 1. Whether the NRC is barred frra imposing a ci?dt penalty in this proceeding due to the dismissal'with prejudice of it*n ,
Departrent of' Labor pmceedings charging discrimination (<; air.;t N C' ,
Parks. .
% s u3 3 2.
Supervisor Whether on February Farks' replacement 23, 1983 constituted retz1tation asJ1 ternate against_Startup nnd Te
- Parts contrary to 10 CFR i 50.7.
tt v
- 3. Whether Parks' interview by Messrs. Hofrann and Wheeler en" i s March 14, 1983 constituted ret 411ation against Parks contrary to' 4 10 CFR 5 50.7. q, _
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- 4 k'hether Parks' rexval as the prirary Site Operations .
t Departr.ent representative on the Test Working Group for the polar'
! crane project on March 17, 1983 was involuntary and, if so, whether
- it constituted retaliation against Parks contrary to 10 CFR i 50,7. -
3 >
l 1
- 5. k'hether Parks' placecent on' leave of absence with pay on .
f Farch 24, 1983 constituted retalig.tio' nagainst Parks contrary to .
20 CFR 5 50.7.
- 6. Eased on resolution of the issues (1)-(5) above:
g ., .
- a. whether Licensee violtted NT.C requirements as set
. ferth in the hetice of Violation and Pryosed Iqctition of Civil Fe.nelty issued on Augast.12,1985; and
- b. whether, on the basis cf such violation, the Farch 4, ISSS Order Igesing Civil Fenalty,shculd be sustained, Discovery, including enswers to discovery requests, should be
- cc
- pleted by February 1,1957.
The parties should prepare for an evidentiary bett',ng in the Spring
= .
. of 1987. Furtrw' prehearing rcquirernents will be afdressed in subsequent orders. ,
i e
l JYA l f _Ivan W. 5nnth ADMINISTRATIVE LAW JUDGE l 1
Eethesda, Mary 1and ,' }
August 13, 1986 - ,
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s PEFORT OF INTERVIEW 0F JOHN J. BARTON 9
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j Report of Interview of John J. Barton, 1 A ij f 1
John J. BARTON, Deputy Director, Three Mile Island, Unit 2, was interviewed on May 11 and 12., 1983 in his office at IMI-2 by investigators James Y. Vorse and '
B. Uryc, Jr. l BARTON stated he is responsible for General Public Utilities (CPU) personnel matters, bargaining, unit matters, General Office Review Board matters in addition to sharing with the Director, overall responsibility for decontamina-l tion and defueling..
BARTON explained it was his understanding that the polar crane.had officially l been turned over to Bechtel for decontamination and refurbishment. This also included checkout to ensure operability. BARTON stated he attended several meetings on the Polar Crane Task Force but could not recall any discussion as to how the turnover would take place. 3ARTON stated that Mr. FRI ERMAN initiated the turnover and Mr. RADBII.I. was in charge of the Task Force.
/" BARTON stated there was no procedure for turning over the Polar Crane to the S ~
contractor to do work .and there was some confusion as to who had control of the Crane to,do work. The intent was to document work performed by Bechtel and present the crane to Site Operations for acceptance af ter testing and review of the work packages had been co=pleted. '
BARTON stated that Engineering Change Me=orandus (ECM) take a long ti=e to get approved but he denied he takes the position that ECMs are too cumbersome and denied saying work packages would be used in lieu of ECMs. BARTON stated that when he received the January 20, 1983 memorandum from KING, indicating that Bechtel had control of the Polar Crane, BARTO.N became confused and called KING, asking him why he wrote such a memorandum. 3ARTON could not recgil what KING's response was but that KING was satisfied with the way the Polar Crane was being handled after BARTON fully explained the Polar Crane situation, h
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t BARTON stated the Polar _ Crane should have come under the Bechtel Design ,
Modification Program because the Crane,was officially turned over to Bechtel.
BARICN.further stated that GPU QA/QC looked at the Bechtel Engineering Design Program, which allowed Bechtel to perform work that ciet.the intent of AP 1043.
Regarding AP-1047, BARTON stated the procedure was violated because Bechtel did not have an approved test program for_this project.
i Bechtel should have followed AP 1047 for the testing of the Crane because it was the only approved procedure fo'r testing. BARTON stated that he believed the first time he became aware of the procedural violation was on February 23, 1983, when PARTS
-brought the' matter to his attention. BARTON stated it was determined that
?ARRS was correct.
The solution to correct the problem was to convene the Test Work Group (TWG) to review all previous' testing of the Crane and to confirm from a technical l-i standpoint 1-that all tests were adequate and all results were satisfactory.
BARTON stated he made the reco=mendation to do this in an attempt to be sure j j the tests met the intent of AP 1047 BARTON stated he knew that g
' administrative 1y he could not back-fit b,ecause AP 1047 required procedures to ~
be written in a certain format and the object was not to go back and' review frem a procedure for=at. BARTON stated it was agreed that the TWG would review the load test. procedure to ensure-it met:the functional test require-I' ments of'AP 1047 even though'it was done as a construction test. BARTON further stated they did not want to perfor= the test twice because of ALARA considerationsLand manhours in containment.
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, BARTON stated the procedure should have applied for the review process.
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- ECMs should have been initiated for modifications. S4RTON 1 - stated he understood that GPU QA/QC had approved the Bechtel Gaithersb.urg l' . ..
Design Engineering Control Program to perform certain modifications. Fro =
there, modifications requiring ECMs were to be transmitted to the site and the Modification Control Group for proper routing for review and approval, i
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I CERTIFICATE OF DEPONENT I, John J. Barton, have read.this transcript of:my deposi-tion taken on Tuesday,-l April 7, 1987, and with the exception of the-corrections noted,.~if any, find it to be a true and accurate-record of my' testimony. .
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/1 Bp ton 'l Signed, this day of AU2 C, 1987 o
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' Notary Public
[/d doIo Municipality: 4&C'u OM 0
My commission expires: di 9 /
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