ML20245C136
| ML20245C136 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 04/17/1989 |
| From: | Hollar D CAROLINA POWER & LIGHT CO. |
| To: | Uryc B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| References | |
| NUDOCS 8904270019 | |
| Download: ML20245C136 (105) | |
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.. APR 181989 e Carolina Power & Light Company i 411 FaycetevWe Street Mall I
- Post OdRcc Box 1551 Raleigh, North Carohna 27602 ImAI.Demumawr Waker's Direct Dial Number
-(919) 546. 4161 Tw April 17' 1989 (919) 546 7678 FEDERAL EXPRESS Mr. Bruno Urye U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street, N.W.
Suite 2900 Atlanta, Georgia 30323 RE: April 27,1989 Enforcement Conference
Dear Mr. Urye:
On Friday I spoke with Mr. Dick Goddard in connection with the enforcement conference that is scheduled for April 27 in Atlanta. He suggested that I send you the attached transcript, of the administrative hearing on Mr. Paul Blackburn's complaint against Metric Constructors. We believe that the hearing record, together with other information we will present at the enforcement conference, strongly supports the
' position that enforcement action against CP&L under 10 C.F.R. S 50.7 is not warranted.
If I can provide you with any additional information prior to the enforcement conference, please let me know. Sincerely, u / f Dale E. Hollar Associate General Counsel
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BEFORE THE U.S. DEPARTMENT OF LABOR -' OFFICE OF ADMINISTRATIVE LAW JUDGES .' :. .
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. In the Matter of: ) Case No: 86-ERA-4
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PAUL A. BLACKBURN, .) -
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. Claimant,. )
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METRIC CONSTRUCTORS, INC., ) .
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Employer. )
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Pages: 1 through 104 . Place: Columbia, South Carolina , i Date: December 16, 1985 Acme Reporting Company . Offcial Reporters , 1220 L Street, N.W. Washington. D.C. 20005 (202) 623 4888 S M
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f.) . 1- 1BEFORE THE UNITED. STATES' DEPARTMENT OF' LABOR
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3 In-the Matter of: ) 'A )
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'4 PAUL A.'BLACKBURN )
) Case:No.. 86-ERA-4'
, Complainant.
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ll 7 METRIC CONSTRUCTORS, INC.- ) j- )-
. , . 8' Respondent )
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'10 Room 837 Strom Thurmond Federal Building 11 Assembly and Richlands Columtfia, South Carolina 12 Monday 13 December 16,.1985 g
- A hearing'in the above-entitled matter was held, 15 pursuant to notice, at. 9:00 a.m. .
16 DEFORE: HONORABLE THEODOR P. VONBRAND g Administrative Law Judge Hampton, Virginia 18
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g APPEARANCES:
# * *E * """
- 20 21 M. MALISSA BURNETTE, Esq. .
Gergel & Burnette 22 1711 Pickens. Street . e; . Columbia,' South Carolina 29201 S. '(803) 779-8080
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25- . Acme Reporting Company
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APPEARANCES (Cont.): {.- For the' Respondent: 1 3 CHARLES M. BURDETTE 8?, 6060 Saint Albans ? Street 4 Charlotte, North Carolina 28287 5 6 7 8 9 10 11 12 13 ( 14 15 16 1.- 17 , 18 . . 19 20 , 21
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3 l 1 .p 2 I N_ _D E_ X_ FITNESSES: DIRECT CROSS REDIRECT RECROSS I t 3 Paul A. Elackburn 8 34 56 -- 4 Floyd Slatton 57 62 65 67 5 Bruce Meyer 68 89 101 -- 6 .. 7 'EUIIE12EI IEEEIIEIEE EEEIEE ! Claimant's Exhibits: 8 - C-1 5. 6 9 C-2 - 5 6 10 i C-3 5 6 11 T. C-4 5 6 12 C-5 5 6 C-6 5 6 14 C-7 5 6 15 C-8 6 -
-6 16 C-9 6 6 17 C-10 '6 6 18 C-ll 57 57 19 -
20 Respondent's Exhibits: 21 R-1 6 8 R-2 7 g
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} R-3 7 8 i 23 R-4 7 g 24 i R-5 7 g 25 Acme Reporting Company
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. 3 (9) 1 INDEX
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2 (ContI)~
, 3 EXIIIBITS (Cont.):
----------------- IDENTIFIED' RECEIVED l- C
""- 4 Respondent's Exhibits:
5 R-6 7 8 6 R-7 _ 7 8 7 R-8 7 8 8 R-9 7 8 F 9 R-10 7 8 10 R-ll 7 8 11 R-12' 7 8 12 R-13 8 8 13 14 15 16 17 - 18 19 20 21 22 t:} 23 24 l Q_ l- 25 l Acme Reporting Company \.____________________
1 3 (h) P 3'Q { { { Q I g g S 2 HONORABLE THEODOR P. VONBRAND: On the record. This 3 lis a hearing under the Energy Reorganization Act, in the case 4 of Paul A. Blackburn, versus, Metric Constructors, Inc., case 5 number 86-ERA-4. l 6 I am Theodor P. VonBrand, the Administrative Law 7 Judge assigned to conduct the hearing in this case and render 8- a decision in this case. 9 This hearing is being held in Columbia, South Carolina 10 on December 16, 1985, 11 'Our first order of business will be the statement l t 12 of appearances. Ms Burnette? 13 MS BUR'iETTE : Your Honor, I am Malissa Burnette with 14 the law firm of Gergel, Burnette and Nichols of Columbia, 15 South Carolina, representing the Claimant, Mr. Paul Blackburn. 16 JUDGE VONBRAND: Thank you. Mr. Burdette? 17 MR. BURDETTE: I'm Charles M. Burdette, House Counsel 18 for the Respondent, Metric Constructors, Inc. I am from 19 Charlotte, North Carolina. , 20 JUDGE VONBRAND: As I understand the issues, first 21 we have the issue raised by Respondent's motion to dismiss, 22 namely that the complaint was not timely filed and secondly, 9t. 23 that the complaint was not filed in the proper form. Next, 24 I understand that the Complainant is urging that he was 25 discriminated against, contrary to the provisions of the ERA Acme Reporting Company
- 4 because he was terminated for refusing to work on the 2 4 grounds that such work would be hazardous to his health.
7 It is further my understanding that Respondent denies um 4 that this is protected activity on the grounds that the 5 Complainant. failed to express any safety concern when he 6 refused to work on September 4, 1984 Ms Burnette, does that accurately summarize the 8 issues we have before us today? - MS BURNETTE: Yes, Your Honor. 10 JUDGE VONBRAND: Mr. Burdette? 11 MR. BURDETTE: Yes, sir. If I might add one more 12 thing, it is the further contention of the Respondent that . (( 13 not withstanding the discharged employee's failure to cite 14
, safety concerns to the supervision of his employer for his 15 failure to work, that any such safety concerns were not well 16 founded, and were nonexistent.
17 JUDGE VONBRAND: So,.now, we have the issues as you 18 see them? 19 MR. BURDETTE: Yes, Your. Honor. 20 JUDGE VONBRA!iD: Off the record. 1 21 (A brief discussion was held).
. 22 JUDGE VONBRAND: On the record,
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f Ms Burnette, do you 23 wish to make an opening statement? { 24 MS BURNETTE: Your Ilonor, I would like to just call 25 our witness at this point. Acme Reporting Company -
i. 5
'l JUDGE VONBRAND: All right. We will do that, just
( 2 as soon as we receive the exhibits. Mr. Burdette, do you 3 wish to make an opening statement?
# 4 MR. BURDETTE: No Your Honor.
5 JUDGE VONBRAND: Ms Burnette, would you identify and 6 offer your exhibits? - 7 MR. BURNETTE: Yes, Your Honor. Complainant's 8 Exhibit No. 1 is a copy of a newspaper article from the 9 Florence Morning News, dated September 12, 1984. 10 Exhibit No. 2 is a letter to Mr. Blackburn from Mr. 11 Uryc of the NRC, dated September 29, 1984. Exhibit No. 3 is 12 the Complainant's handwritten description of his complaint, 13 dated September 16, 1984. 14 Exhibit No. 4 is a letter to Mr. Blackburn from Ms 15 Cook of the South Carolina Department of Labor, dated 16 October 4, 1984. 17 Exhibit No. 5 is a letter to Mr. Blackburn from Mr. 18 Rowe of the US Department of Labor, dated October 11, 1984 l 1 19 Exhibit No. 6 is a letter to Mr. Blackburn from Mr. Uryc of 20 the NRC dated December 28, 1984 l 21 Exhibit No. 7 is a letter to Mr. Blackburn from Mr. I 2.~ 22 Leon Smith, US Department of Labor, dated July 31, 1985. ) 23 (The documents above-referred to were marked for identification as Complainant's Exhibits 24 Nos 1 through 7). 1 25 MS BURNETTE: Exhibit No. 8 is a letter to Mr. Acme Reporting Company
i 6 1 Blackburn from Mr. Stuckey, US Department of Labor, dated (~( . 2 September 6, 1985. 3 Ph (The document above-referred to was marked Jf 4 for identification as. Complainant's Exhibit No . 8) . 5 MS BURNETTE: Exhibit No. 9 is a letter to Mr. 6 Stuckey from Mr.-Burdette, dated September 13, 1985 Exhibit 7 No. 10 is a letter to Mr. Burdette from Mr. Stuckey, dated 8 October 25, 1985. 9 (The documents above-referred to were marked for identification as Complainants Exhibits 10 Nos. 9 & 10). 11 JUDGE VONBRAND: Mr. Burdette, any objection? 12 , MR. BURDETTE: Let me take a llok at them. I believe I sent you copies. 13 MS BURNETTE: 14 MR. BURDETTE: No objection. 15 JUDGE VONBRAND: Complainant's Exhibits 1 through 10 16 are admitted, and Mr. Burdette, would you offer and identify 17 your documents? 18 (The documents above-referred 'to , heretofore marked for identification as Complainant's 79 Exhibits 1 through 10, were received). 20 . . : Yes, Your Honor. As Respondent's [, g Exhibit No. 1, we have a copy of the General Emplovee Training Manual, published C & L, levels one and two retraining. Y" -
' 33 .(The. document above-referred to was marked for identification as Respondent's Exhibit
*4 No. 2).
(_(_ 25 MR. BURDETTE: As Respondent's Exhibit No. 2, we have Acme Reporting Company
v 7 e-1 the Student Workbook for Generhl Employee Training for I 2 Carolina Power and Light. Respondent's Exhibit No. 3 is 3 the student workbook for radiation, level two, published a
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- 4 by CP & L.
5 Respondent's Exhilit Four is entitled, Containment H. 6 Vessel Surveillance Program, dated September 4, 1984. 7 Respondent's Exhibit no. 5 is the Exposure Record Sheet for 8 the year 1984 for Mr. Paul Blackburn. 9 Respondent's Exhibit No. 6 is entitled, Termination 10 Report, Occupational Radiation Exposure, dated September 5, 11 1984. For Mr. Paul A. Blackburn. 12 Respondent's Exhibit No. 7 is the Testing Report (( 13 Program f r Mr. Paul A. Blackburn. Respondent's Exhibit 14 No. 8 is a compilation of the radiation exposure records 15 for Metric electrical crews in 1984. 16 Respondent's Exhibit No. 9 is a Radiation Work 37 Permit Survey, dated September 5, 1984, Respondent's Exhibit 18 No. 10 is a radiation work permit survey, dated September 4,
- l 19 1984.
l . 20 Respondent's Exhibit No. 11 is a radiation work permit g analysis, dated August 28, 1984. Exhibit No. 12 is an August l ,, 1984 ALARA Concerns publication. G 23 (The documents above-referred to were marked for identification as Respondent's Exhibits Nos. 3 through 12). kw MR. BURDETTE: Exhibit No. 13 is a September, 1984 n--- o a- w _ _ __
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8-I ALARA Concerns publication. 2 (The document above-referred to was marked 3 for identification as Respondent's Exhibit No. 13).
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'49 4 JUDGE VONBRAND: Ms Burnette, any objection? 5 MS BURNETTE: No, Your Honor. 6 JUDGE VONBRAND: Respondent's Exhibits One through 7 13 are received. Off the record. 8 (The documents above-referred to, heretofore marked for identification as Respondent's 9 Exhibits 1 - 13, were received). 10 JUDGE VONBRAND: On the record. 11 MS SURNETTE: We would call Mr. Paul Blackburn. 12 Whereupon, 13 PAUL A. BLACKBURN 14 was called as a witness by and on behalf of Counsel for the 15 Complainant, and after having firct been duly sworn, was 16 examined and testified as follows: 17 DIRECT EXAMINATION 18 0 (by Ms Burnette) Would you please state your full 19 name for the record? 20 A Paul A. Blackburn. 21 Q Are you also known as Tony?
.., 22 A Yes a ma'am.
23 0 Are you married? 24 A Yes, ma'am. 25 0 Is this your wife, Ruth, here? Acme Reporting Company
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t. 9 1 A Yes, ma'am. 2 Q Do you have any children? 3 A Yes, ma'am. Two. iY S 4 0 How old are they? - 5 A Eight and four. 6 Q Where do you live, Mr. Blackburn? 7 A Darlington, South Carolina. 8 Q Is that where you have lived all your life? 9 A Yes, ma'am, except for one brief stay in Virginia. 10 0 What is your education? 11 A High school graduate. 12 Q Have you had any other training, beyond the high 13 school level? 14 A I took some courses in industrial wiring to sharpen 15 ny skills a.little bit.
, f 16 O Since graduating from high school, where have you 17 worked? -
A 18 I've worked all over North and South Carolina, with 19 Daniel Construction Company, Beaconn, Metric and Data Select. 20 0 What type of work do you do ? 21 A I'm an electrician. - -,,. 22 Q Have you ever been discharged from your employment Y,$ ^ 23 by anyone other than Metric? 24 A No , ma 'am. k, j 25 Q Have you ever been reprimanded, prior to your being Acme Reporting Company
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1-Have you ever been reprimanded in discharged from Metric?
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'( -any other job?. .
A No, ma'am.
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.Q- When did.you begin working with Metric?
5 A It was around March of 1984.- 6 Q March 28th? -- 7 Yes, ma'am. -
'A 8
Q Where were you assigned to work? 9 When I first went there, I was on an outside crew A 10 until the security clearances came in and then I'was 11 transferred to a container crew. 12- Where was this? Q ' 13 A- This'was in the reactor building.
..(~C 14- Q. At the Robinson Plant?
15 A Yes, ma'am. 16 _Q What was your hourly wage? 17 A Twelve dollars an hour. - 18 'O How pany hours did you.vork every week when you 19 started? 20 A For around the first three months, we worked 40 hours 21 and then, we went into overtime, which was 60 or 70 hours a 22' week. a, v 23 Q On approximately what date did you begin working f- 24 overtime on a regular basis? 25 A Around July. Acme Reporting Company .
9 g 11 1 0 Did you have to work around a lot of radiation in 2 this job? " 3 A Yes, I did. 4 O Are there limits to the amount of exposure a worker 5 like you could receive? i 6 A Right. . 7 Q Tell us about that. 8 A As I remember, I think the NRC requires a maximum of 9 1250 millirems a quarter and CP & L kept you more than about 10 a 250 buffer, which was about 1000,
- 11 Q So, in each quarter, you tried to avoid getting more 12 than 1000 millirems?
13 A Right. 14 Q How was this monitored? 15 A We used thermoluminescence dosimeters and the 16 regular pocket dosimeters, which you can look at all the time. 17 Q How does that work? - 18 A It's just a little cylinder type thing with a scale 39 on it and as the radiation passes through your body, it makes 20 the scale go up. 21 Q Do you wear that on you when you are exposed to
, _n _o radiation? ')
23 A Right. (v 24 Q When you come out, can you read it and see how much 25 radiation you have received? n- a a- o_
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,, 12 A Right.
2 ( Q How did you learn about radiation and safety + 3 ' procedures? Pi 4 A We took a training course required upon being hired 1 5 on the job. Every employee has to go through'it. 6 g l What does ALARA mean? 7 A ALARA is as low as reasonably achievable. 8 Did you receive training in that?', Q 9 A Right. 10 Q imat was that? 11 A It has to do with planning your job, the time and 12 distance and shielding to protect you and get the job done 13 in less time.
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14 0 on this particular quarter, September of 1984, hew 15 many millirems of exposure had you received? 16 A I don't think I had any for that quarter. 17 Q Tell us about the events of September 4, 1984, 18 A September 4th,which was the day after Labor Day, we 19 came back in and met where all our crew meets and we had a 20 safety report which was at the start of every week. Ecing 21 as how we were off on the holiday, we had it that next day.
. 22 I read the safety report to the crew. That was Bobby Young's 4 .
23 crew. In it, it said that there was a lot of shielding being 24 removed from the reactor building. And, we discussed safety k<- . 25 glasses, hardhats and more or less, the same thing we always Acme Reporting Company
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,_ do. From where I was standing, you could look into the
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.RCA' lay down yard'and see the shielding, itself,-out
., scattered in it.
M' 4 Q Had you worked in the reactor before? . 5
-A Right,- I had.
6 ~ Q Had the shielding been up then? A Yes, ma'am. - 8 0 What did you learn about the shielding, if anything? 9 A Well, shielding reduced a lot of your radiation 10 exposure. Radiation won't pass through lead, where it will 11 paper or.any such thing. 12 Q On this particular day, you said that the report 13 included information about the shielding being removed? .. 14 A Right. - 15 Q What else? Go ahead. - 16 A .Later in the morning, my foreman, Bobby Young, he 17 come up to me and told me that we was Isome guys was being' 18 ' transferred to another group to go inside the reactor 19 building to do some changes on some wiring that was wrong. 20 I told him okay, but I didn't have my dress out 21 clothes, which I normally took with me so I wouldn't get my 22 clothes contaminated. You had an option of wearning them 23 or not. ( 24 0. Tell the Judge what that means, when you bring your 25 dress out clothes. l L n_ m_m a_ _
r 14 1 A Well, it was cut off blue jeans or just jogging I 2 pants or just anything you were up under your protective 3 ' clothing in case your clothing got contaminated by water or
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4 any such thing, you'd have something to come out in. In 5 other words, so you wouldn't have to strip bare. If you do 6 get yourself contaminated, you'd have to take your clothes 7 off in front of everybody. You'd forget your modesty, which didn't bother me, but some people, it does. 8 9 Q Did you bring your extra clothing every day? 10 A We had lockers we left them in. 11 -Q Did you have your clothing with you on September 4th?' 12 A Not on the fourth. j' f 13 Q Were you asked to go with this other crew? 14 A Right, I was asked to go with the crew and I told him 15 I didn't mind and he said, "Well, seeing as how yo,u haven't 16 got your clothes, just wait till tomorrow and be sure to
, 17 bring them in." -
18 Q The next day was September 5th? 19 A Right. . 20 0 Mhat happened on September 5th? 21 A I went to my normal job, the one I was working on and
,., 22 later he came and said, "Are you ready to go?" I said, "Yes "
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-i 23 So, I left and went towards the crew I was supposed to be 24 working on. I walked through the dress out area and looked 25 at the surveys as I passed through, and I left out of there Acme Reporting Company
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- g. L and went and looked for my foreman I'was supposed to meet.
2 I didn't find him, so I went back through and checked the ' 3 surveys again. Some of the guys I was supposed to go in
~s u' 4' with, which there was ten of us, they said, "We're going ..
5 to be sent in a real hot area," said it would be a pump bay 6 under the floor, which would"have been a high rad, a locked
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7 high radiation area. . 8 So, I checked some of the surveys and being as the 9 shielding was out, naturally, the radiation limit was going 10 to be more. 11 O What did you see on the surveys? 12 A Well, they were much higher than normal.
- [( 13 Q Did you then, look for your foreman again?
14 A Yes, I did. There was a hustle bustle with everybody 15 trying to get organized. I never did run into the foreman, 16 but I went back to my foreman and told him what I felt, that 17 it was unsafe to go into the reactor building because of the 18 lead shielding being taken out. This was Bobby Jones, i 19 Q Did you talk to a Quality Control Technician? L I- 20 A Yes, I did. I met him. The job I was performing on 21 the outside, he was my technician.
, 23 Q What was his name?
W 23 A His name is Mr. Richard Miles. 24 Q Do you know where he is now? l 25 A No, ma'am. I don't. n_ m _ n2 _ m___-
2 16 1 Q Did'you learn anything from him? [ 2 A Yes, ma'am. He told me that the radiation in there 3 was substantially higher . A week before, he had been in h 3 4 the hatchway where he picked up no radiation, and just in . 5- the hatchway entry, the radiation was 85 millirems, he said. 6 Q What did you do then? 7 A I went back and told my foreman that I didn't think 8 it was safe for me to go in there, or any of the rest of us 9 people until the shielding was put back in. 10 0 Did you refuse to go at all, or just until the 11 shielding was back up? 12 A I told him that I didn't mind doing the job, that I 13 knew when I hired on that the job as a radiation worker, you 34 would get certain amounts of radiation, but I didn't feel 15 safe abcut the job and it just.was unsafe. . 16 Q This morning, did you look at the Employment Manual l 17 that Respondent is going to introduce into evidence? 18 A Yes, I did. 39 Q Did you find a section that you were trained with 20 that gave you responsibility for yourown safety? 21 A Right. no
-- JUDGE VONBRAND: Could you identify that by exhibit a;
23 nu: her? 24 MS BUR'JETTE: This would be Respondent's Exhibit No. 1.
.{
3 0 (by Ms Burnette) Would you please look on page 16? Acme Reporting Company
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j 17 I 1 1 Q Would'you read that statement on page 16? i, _2 A Each employee at CP & L must assume full ..c.rf- . . . .
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! 2. 3 responsibility for his/her personal safety. ~ it .r , i Y -0 4 Would you read again on page 76? 5 A Each worker shares in the responsibility for 6 radiation exposure. Each workers is also obiigated to report 7 any unsafe er.potentially unsafe practices to CP&L. If there 8 is no response by CP&L, report to the UP.C. 9 Q Did you believe that you were following the 10 procedure as set out by this manual? 11 A Yes, ma'am. These are on bulletins that are posted 12 all over the plant.
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13 Q Had you ever had exposure in large amounts in the 14 past? , 15 A Uell, I was in there one other time and we had a 16 pretty good amount of exposure for five days. I assume we was. 17 Q Were you terminated as a result of your reporting 18 that you felt it was unsafe for you to work in that area? 19 A Yes, ma'am. 20 Q Tell me about your termination. What happened? 21 A Well, I told Bobby Young how I felt a.d he said,
. 22 "Well, I can not make you go in a place like that because I A ,
33 don't have the authority, but I will talk with our superinten- 1 24 dent, Horace Howell, and see what he has to say." Well, I 25 don't know who told Horace Howell or give the hand down, but l
, n__ o _ _n u - o_
t , 18 I
, my foreman came back to me later on, at about 8:30 and said 2
ogg.re going to give you until break time to tell us what 3 you want to do. Like I say, we can't'make you go in there,
,a m 4 but if you don't, we'll have to terminate you."
5
' JUDGE VONBRAND: Who is Bobby Young?
6 MS BURNETTE: He was~the foreman. 7 JUDGE VONBRAND: Your foreman? 8 THE 17ITNESS : At that time. . 9 JUDGE VONBRAND: All right. Proceed. 10 Q (by Ms Burnette) Go ahead. 11 A Well, at break time, he said, "I'll need to know 12 what your answer's going to be." Well, I went into the break 13 which was approximately 9:00 and we sat down, I sat down at 14 the table where my crew always takes their break at and all 15 the guys in there told me, "If you don't feel it's safe, 16 don't do it because you don't have to." I told those guys 17 I didn't mind doing the job, but I didn't feel it was safe. 18 Bobby Young came in before the break was over and 19 said, "Well, what's it going to be?" And, I told him, "Well, 20 if they put the shielding up and make it a safe job, I'll 21 do it. But, if it's not, I won't."
. 22 So, at that time, he left and went to talk to Horace n
l 23 Howell again and came back and told me that at 10:00, I 24 would be terminated. 25 Q Were you terminated at 10:00? i Acme Reporting Company
19-1 A Yes, ma'am. ( 2 , Q Did you try to contact a representative of the 3 w Nuclear Regulatory Commission that day? DJ 4 A Yes , ma 'am, I did, but my clearance was taken away , 5 real fast. I was hustled out before I could do any talking 6 to anybody. ~ 7 Q Was there a representative on the site?- 8 A Yes, ma'am. .There was a Site Representative of the 9 NRC. . 10 0 Did you later contact the NRC? 11 A The Friday after. _, 12 JUDGE VONBRAND: The Friday after would be what date? ! MR. BURDETTE: September 12th, Your Honor. .{} 13 14 JUDGE VONBRAND: Do you agree? 15 MS BURNETTE: Yes, Your Honor. , 16 JUDGE VONBRAND: Proceed. 17 Q (by Ms Burnette) This is Exhibit No. 1, can you IS identify that? 19 A Yes, ma'am. This is a fine that was dropped. 20 Q Is that a newspaper article? 21 A Yes, ma'am. I cut it out of the Florence Mornine no s- News. 7 . t *.[ 23 MR. BURDETTE: Your Honor, I would like to interject i
;( 24 an objection. I don't object to the article, itself, but I 25 fail to see the relevance at this particular juncture, n- rn a -- a - __ _ -
t t 20 1-JUDGE VONBRAND:- Well, let's put it this way: I'm ( 2-not sure that this witness-is competent to testify about what 3
,r,t - this article means, unless it goes to strictly his state of . .e 4
mind. 5 MS BURNETTE: That is exactly what it goes to, Your 6 Honor, because it shows his state of mind to call the 7 Department of Labor. - 8 MR. BURDETTE: May I ask what the date of the 9 article is? - 10 MS BURNETTE: September 12, 1985. 11 MR. BURDETTE: That was approximately a week after 12 this incident occurred. Thank you. Go ahead. 13 JUDGE VONBRAUD: Off the record. 14 (A brief discussion was held). 15 JUDGE VONERAND: On the record. Proceed. 16 Q (by Ms Burnette) Did you read that article on 17 September 12th? - i8 A Yes, ma'am. ' 19 O Did you take any other action on September 12th? 20 A Yes, ma'am. I notified the Department of Labor. 21 O How did you notify them? 22 A Well, I called on the telephone and asked for
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23 som body to talk to.
,'. 24 Q Was that the South Carolina Department of Labor or 25 the US Department of Labor?
Acme Reporting Company
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g_ , A South Carolina Department of Labor. 6 j i( 2 Q What else did you do with regard to ther? - i 3 A I went to talk with the lady and she told me it 3) 4 l" sounded like a good case and she was going to get this lady . 5 l from OSHA to come down and talk to me, too. - 0 JUDGE VONBRAND: Which OSHA are you talking about? 7 THE WITNESS: It's the State, t'he State OSHA. Her 8 name was Gaynelle Cook, the lady over the department at OSHA. 9 She came in and she heard my testimony on what happened and 10 she said it seemed to her that it was a good case and that 11 afternoon before I left, she told me to go home and write 12 a letter to her, certified, addressing from t e time I (]{ 13 started the job until the time I was fired, everything that 14 happened, which I did. 15 Q (by Ms Burnette) Is this the letter you wrote? 16 A Yes, ma'am. 17 O That is Exhibit No. 3? " 18 A Yes, ma'am. 19 0 In the meantime, you contacted the NRC? 20 A Right. 21 g Can you identify this letter?
,. 22 A Yes, ma'am. That 's a letter from Bruno Uryc. He's
) 23 from Atlanta, Georgia, a representative.
JUDGE VONBRAND: What is the exhibit number and the ( 24 25 date of the letter? Acme Reporting Company .
22 , -gs MS.BURNETTE: It is Exhibit No. 2, and the date of 4 - ~ '
- the letter is September 29, '1984. ,
u .
'3 , Q (by~Ms Burnette) He received your complaint. Is dN' '4 '
that correet? . 5 ' A Yes, ma'am.. < 6-O DidyouhearanythingTmorefromMsCookoftheSouth 7 Carolina Department of Labor? - 8 A Yes, ma'am. .I got a letter later stating that CP&L 9
- disallowed them or OSHA to even be permitted on the job.
10 0 Did you receive a letter from Ms Cook on October 4, 11 1984, Exhibit No. 47 -- 12 'A Yes, ma'am. Yes, I did.
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.. , s.( 13
.O Would you read that letter into the record, please?
14 A On September 19, 1984, the Occupational Safety and 15 Heal'th Division received your complaint alleging job 16 discrimination and retaliation for protective safety and 17 health related activities. 18 .Since your complaint does not fall within the 19 . jurisdictional coverage of the South Carolina Department of , a 20 Labor, Occupational Safety and Health Division, we have 21 taken the liberty of forwarding same to the US Department.of
,y 22 Labor for their review and appropriate action. If you have 23 any cuestions, please contact the person and office at the
(( 24 address indicated below. 25 Thank you for your' interest in occupational safety n_ a_ a_ a___--_--_
w 23 1 and health. Gaynelle Cook. i( 2 Q Did you think that your complaint had been taken - 3 care of at that point? - h2
'" 4 A Yes, ma'am.
5 Q Did you receive further correspondence from the US 6 Department of Labor? Exhibit No. 5? 7 A Yes, ma'am. . 8 0 What is that? What is the date of that letter? 9 A October 11, 1984. , 10 0 Would you read that letter into the record? 11 A
Dear Mr. Blackburn,
your complaint alleging employee 12 discrimination and subsequent termination from employment 13 with Carolina power and Light Company was forwarded to this 14 office from the South Carolina Department of Labor, OSHA. 15 The complaint has been forwarded to our Regional l 16 Operations Review Officer in Atlanta for appropriate action. 17 You will be contacted by someone from that office. In the . I l 18 event you wish to contact that' office, you may do'so by l l 19 calling (404) 881-2921, or writing to the address listed 20 below. 21 Q Did you try to make contact with that Atlanta office? 22 A Many times. 23 Q Did you get any response or conclusion from them? A The first few times, they didn't know who was 34 25 handling the case, but later on, I got a call from this man n_ a__a_ a _ __
24 I named Don Twovell would be the Investigator on the case. 2 O Did he ever talk with you or contact you? 3 _, A Yes, he did. He drove in and he stayed in 20 4 Darlington one night and I met with him, I believe, on a 5 Friday morning and he took a tape recording of my side of 6 the story, and also took notes. 7 Q In the meantime, did you receive further information 8 from the NRC, Exhibit No. 67 s-9 A Yes, ma'am. _ _ 10 Q What is the date of that letter? 11 A December 28, 1984. 12 O What was the NRC's conclusion?..
..(s-(r 13 A They initiated a review and evaluated it and they l'4 couldn't find anything to substantiate my concerns.
15 Q Phat was the ' ate of that investigation? ._ 16 A The 29th of September, 1984. I'll read this. It 17 says, "Your concerns were addressed duking an inspection 18 cenducted at that facility during the period of October 29'~ 19 to November 2, 1984." . 20 Q What was the date of your termination? 21 A September 5th. n, 22 O Did you hear any more from the US Department of 3 23 Labor? l 1
-u.(. 24 A No, ma'am, I didn't.
l 25 0 Until what date? n_ a _ a- m_.
i
. a 25' j 1-T .. A Until' July. 31, 1985.
2' . 1 What' exhibit number!is that? lj E O j y 4 -3 A Seven. i l$b 4 ' O. What did that letter say? ,_ 5 g- Your complaint alleging discrimination and termination y7
+
lD 6 fromMetricConstructionComhanyhasbeenforwardedtothis 7 office from the South Carolina Department of Labor, OSHA'. 8 Our investigator, Don Tuvell, has contacted yoth _and 8 .many witnesses. After discussion with our legal staff, it 10 has been. determined that we do not have proper jurisdiction at 11 this-office.- This case is now being forwarded to the United 12 States Department of Labor, Atlanta, Gecrgia. 13 You will be contacted by someone from that office, 14 or you may wish to contact them in writing. This was signed 15 by Leon P. Smith. - 16 Q You did not receive any communication from October
~
17 of 1984 until July of 1985 from the Department of Labor. Is 18 that right? 19 A That's right. 20 Q Is Exhibit No.-8 another letter you received from 21 them? g 22 A Yes, ma'am. . j-23_ Q What is the date of that one? 24 A September 6, 1985. 25 0 What does that letter tell you? n__ ca_ a _ m___
26 1 (~.( A This says--I'll read some of it. This will s , 2
' acknowledge receipt of your complaint against Metric 3 , Construction Company alleging violations of Energy Reorganiza-h 4 tion Act. Your complaint was received in this office on .
5 August 19, 1985. 6 Q Which division of thd Department of Labor'is this? 7 A Wage and Hour. - 8 Q Did you know that the company had responded to that 9 complaint? - 10 A No, I didn't. 11 Q What is Exhibit No. 9? 12 A This is a letter from Jerry L. Stuckey from the r
]. (.s 13 United States Department of Labor in Columbia, South Carolina.
14 0 Who is that addressed to?. 15 A It's addressed to Mr. Stuckey. - 16 Q Who is it from? 17 A This is frem Mr. Burdette. 18 O This is when Metric was responding to the Department 19 of Labor? 20 A Right. 21 Q Did you receive a decision or determination in your
... 22 case from the Department of Labor?
7.-
./
23 A Yes, ma'am. Q What is the date of that?
.(}( 24 j
,, A October 25th of 1985.
n__ a _nm m_
l
,. 27 r 1 O Which exhibit number is that? '
1 2 A Ten. .
3 0 Without reading the whole letter, just summarize
.N 4 the contents of that letter. -
5 A For one thing, it said I have a good work record'- 6 from the date I was hired. It said we found no evidence to 7 indicate that he was habitually tardy or absent or he was 8 ever insubordinate in any way with regard to his superiors. 9 There was legitimate concern for his safety due to 10 lead shielding being removed and thus, higher levels than 11 n rm 1 f radiation being received by anyone going into the 12 ntainment building. This concern was shared by other fellow employees,
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N 13 as well. As a result, Mr. Blackburn was fired. We found ' lo. nothing to indicate that company officials made any effort to determine whether there was in fact an immediate safety concern. Instead, Mr. Blackburn w'as discharged on the spot. Q As you know, the company appealed. Is that right? A Richt.
~
19 ' l i 20 Q Did you do everything that you could to press your I claim, Mr. Blackburn? 21 A Yes, ma'am. I did.
.,, 22 -
J Q Were you doing all this on yourown? 23 A A lot of it. ({ 24 Q Did you have the assistance of an attorney at this 25 n___ a _ _ _ nu - o -_
4, . . 28 m:. 'I time? 2 A' Not'until I hired you to help me in the case. 3 When was that? Q Was it after that decision?
' Zh - .
*# 4 A Yes , ma ' am,-
5 0 since the time you were terminated, have you ' attempted
~
6- to get other employment with CP&L?- 7 A No, ma'am. I didn't. Around. October, I didn't 8 have any--I'd been fired, so I couldn't draw unemployment and 9 in the meantime, I did contact a company that worked on the. 10 same job, called Power Plant Maintenance. This man I knew 11 from a long time ago, Henry Marie, he hired me to go to work 12 for his company. THen, he found out I was blacklisted from s-(
- 13 CP&L, so'I couldn't go on the property.
;14 Q Did you have to look for other employment then?
15- A' No, ma'am. He sent me to Roxboro, North Carolina and 16 I went on to work with them. 17 0 Since that time, for a period of over a year, have 18 you had to periodically seek other employment? 19 A Yes, ma'am. - - 20 0 Did you incur travel expenses in seeking that other 21 employment? o
~2 A A lot.
, c, m f- 23 0 Do you have some information on that? . ' (g{ g A Yes, ma'am. I do. 25 0 What kind of travel expenses have you incurred? m_ a _ __na _ a--
e 29 1 A The places I looked for work which was out of town d 2 was a. maintenance job at Carowinds, a job at Bowater, a job 3 at Charlotte, North Carolina and four trips to Southport,
$5 4 North Carolina. .
5 Q Did you keep track of the expenses. you had in that 6 travel? 7 A Yes, ma'am. I did. 8 What is the total amount of expenses for that. travel? Q 9 A Just in gasoline alone, for those four trips was 10 $155.00. 11 Q Have you worked at several different places since you 12 worked at Metric? 13 A Yes, ma'am. I have. 14 Q What are the places you worked and how much did you 15 e arn? - 10 A I worked at Power Plant Maintenance, as I said, and 17 I made $404.00 from them. After I lef't there, I went to 18 Daniels Construction Company'in Surrey, Virginia, which at 19 that time, I made $10,335.00. I left there, and went to work 20 at Beecon Construction Company in Southport, North Carolina, 21 which I made $8800.00 I'm presently working at Daniels 1
,, 22 Construction Company at Eastover, South Carolina and .. 3 23 presently, I've made $38,030.00, which would be a grand total of $23,406.00.
i[ - 24 25 Q That is the total of what you have earned since you
^~~~ *~~~ d-~ r~~~~--
30
'1
- (5 were terminated from CP&L?
2 A Yes, ma'am. 3
,a Q Have you done some calculations on the amount of I bE 4 money you earned at Metric for when you worked there from .
5 March until-September? , 6 Yes, ma'am. A , 7 Q Approximately how much did you earn during that 8 period? "' ' 9 A I think it's around $15,540.00. - 10 Q How many weeks did you work there? 11 A At Metric? 12 Q Yes, sir, r e
,. 13 A I have down here, 66 weeks, I worked.
,~.- 14 0 How long did you work there? 15 A 24 weeks. 16 O Did you determine what your average weekly pay was? 17 A Yes, ma'am. It was somewhere 'around $647.00, average. 18 O Did you desire to continue working at Metric? i 19 A Yes, ma'am. I did, because it was only 19 miles from 20 home. i 21 O Had you worked at Metric from the time you were
- q. 22 terminated until today, based on what you were making before,
;2 23 how much would you have made?
(L. 24 A I figure it around $42,702.00. 25 0 You earlier stated that you had worked at other jobs
^-~~ " - ~ ~ ~ * * ~ ~ '-~---
31
' and earned $23,000. and some?
2 '
- A Yes, ma'am. -
3 ~ O what is the difference between those two figures? 4 A I have a figure of $19,296.00. - 5 Q on these other jobs you worke ,they were not near 6 your home, were they? - 7 ~ A No, ma'am. They weren't. : 8 Q Did you incur living expenses in maintaining two 8 homes? 10 .A Yes, ma'am. I sure did. 11 Q Would you tell the Court about some of the expenses 12 your incurred?
-[{
j 13 A Yes , ma 'am. I have here, expenses away from home, in 14 Surrey, Virginia, my motel rent was $1,176.00. After I 15 finally moved out of the motel, I got a camper lot and the 16 lot rent on it was $90.00. The electricity I paid was 17 S39.00. The building permit to put my camper on the lot was 18 $26.00. Groceries, I figure, was around $740.00, and other 19 accessories I had to get, to buy to pull my camper were a 20 trailor hitch, which was a Reece's special design hitch, which 21 was $268.'00 and a sway bar which was $80.00, and my gasoline I
- 3. 22 was $750.00, and I come up with a total figure of $3,169.00.
S 23 Q That was for Surrey, Virginia? 24 A Yes, ma'am. 25 Q Did you work somewhere else, as well? 1.
p- : 32
}"p
\
1 A Ye s , ma ' am . I left there and I went to Southport,
\
2 North Carolina. At that time, I stayed with my mother which 3 . , , was only .60 miles from the job, and I paid her a total of ' in 4
$600.00 rent. -
5 Q WHat other expenses did you have? ' 6 A- Later on, I pulled my camper to a lot, after there 7 was some available lots open down in Southport, and my lot 8 rent was $320.00. My groceries were $240.00, phone calls 9 was $60.00, and my gas was $1100.00 for the period of the
- 10. time I was hired through the time I left.
11 Q How far did you have to com=ute? 12 A For'about the first three months, I commuted 60 miles 4 (;y - 13 one way. 14 Q Where are you currently working? 15 A I'm working at Eastover, South Carolina. -- 16 0 You'dr ve from Darlington to Eastover every day? 17 A Yes, ma'am. 18 Q Have you incurred expenses for gasoline? 19 A Yes, ma'am. I figure around $550.00. 20 0 Whar is the total of the expenses you have incurred 21 at Surrey, Southport a'd n Eastover? p, 23 A I figure somewhere around $6,039.00. 3
- 23 Q You also have incurred attorney's fees, have you not?
(, 24 A Yes, ma'am. I have. 25 Q What was the hourly rate we agreed upon? l
33 A S80.00 an hour. T(.- g .. . MS BURNETTEt Your Honor, I would like to submit an 3 t 3
, id affidavit concerning attorney's fees for :nyself, and I have 4
a copy for Counsel. ~ 5 JUDGE VONBRAND: Thank you. Did you have any further !' 6 - ' questions? ~~ ^ 7 MS SURNETTE: Yes, Your Honor. 8 ' Q (by Ms Burnette) Mr. Blackburn, you said that after 9 ~ you were - terininated, you applied for another job and found
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10 out that you had been blacklisted? 11 A Yes, ma'am. 12 O You put in another application?
,Q.- 13
.J A Ye s , Ina ' am . I put in application after application 14 for maintenance jobs and I've had not one call from them. I 15 think personally,, it has hurt me as an electrician, being 16 blacklisted around the area that I stay in and the companies 17 I work with, th,e applications I've sent. I put down that I ,
18 was terminated or fired by CP&L, or Metric -it was Metric 19 Constructors--and that doesn't look real good when you're 20 trying to get a job. you are asking this Court to order the company to 21 Q s 22 re:nove the blacklisting and clear your record? 3 - 23 A Yes, ma'am, I am. 24 0 Are you asking this Court to award you back wages? 25 A Yes, ma'am. I am.
. OD G. O
f 34 (% 1 Q You are asking.this Court to award you attorneys sc. 2 fees and costs? 3 A Yes, ma'am. 4 O And, damages and compensation, especially expenses - 5 incurred in travel for having to find these other jobs? 6 A Yes, I am. 7 0 Uhy did you feel like you needed to see this through 8 to the end? 9 A Well, the main thing is I did it for my family. It's 10 been a real strain, it's put a real mental strain on my wife 11 and our marriage, being away from home all the time and the 12 amount of money it costs keeping up two households, it's just
-( 13 ruined me. l 14 0 Is there anything else you would like to say at 15 this point, Mr. Blackburn?
16 A No,ma'am. 17 MS SURNETTE: please answer any cuestions Mr. Burdette
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18 or the Judge might have. 19 CROSS EXAMINATION l 20 Q (by Mr. Burdette) Mr. Blackburn, did I understand l l 21 your testimony to be that on September 4th, you were assigned l 33 to this work you told us about? In the containment vessel?
=>
23 A Yes, sir. I- 24 0 You did not report to that assignment because you did I 25 not have clothing with you. Is that what you said? n- ca a- ra- -
r ! 35 A Right.
- 2 0- Had you had this clothing with you, would you have-3 ' ' .
.gone to work that day?
4 A Well, those people that were supposed to go in didn't _ go in that day anyway, it was like, two or three days'later.
~
6 0 So, nobody worked in there that day? 7 A No, sir. 8 You talked about the lead shielding in this area. Q 9 What lead shielding are you talking about? - 10 A Well, just the lead blankets. 11 Q What purpose did those have? 12 A To keep the radiation as low as possible between the
-:I
,- ; 13 and the objects you were working around.
14 0 You went through the CP&L employee training prograr? 15 A Yes, sir. . 16 O As I recall, you made good grades on those tests you 17 took? 18 A They're real simple tests. 19 O Do you recall the ALARA section of that test having 20 any implementations of the ALARA program? 21 A Yes, I do. 22 O What are some of the ways the radiation was
.2 23 controlled?
.Qv 24 A Time, distance and shielding.
25 Q Those are all inter related. Right?
l 36 A Right.- [ - :NI - 2 O If the shielding was not in place, there were other ' 3 s ways to control the radiation. Is that not correct? l i.1
- r 4
A I think so. . . . 5 ' Q Pardon me? 6 A I think so. 7 0 You think so. Do you recall at the tir.e you were 8 being assigned this work, that !as a part of the ALARA 9 program at CP&L , what was the practice at CP&L in terms 10 of controlling employee exposure, as far as crews were 11 concerned, and the rotation of crews in and out of the 12 building? Do you remember?
-( ,j - 13 A Well, if one crew was getting too much exposure, 14 they'd rotate them.
15 Q T'as that the case for the employees within the crew? 16 A- Normally. 17 0 Was that the reason that you were assigned to go in 18 with this crew? 19 A No, it's not. The crew I was working on when I 20 first went there worked outside on the turbinedeck and I was 21 doing a modification on the turbine deck and I knew a lot s 22 about it. So, the crew I worked in when I first went there, J 23 they put those people in the dome. The crew they rotated
'- 24 me with was the crew I ended up with, which I had a lower 25 exposure than they did.
- a. . a . ..: e__
37 ( Q Getting back to your concerns on September 4th or 5th, what kind of radiation protection were you afforded 3
,t inside that containment vessel? Did you put on protective # 4 ~
clothing? - 5 A Right, PC's. O Q Mere there implements or instruments on your clothing to measure the amount of radiation constantly that 8 - ' you were beine exposed to? 9 A Right. ~ 10 0 Why den't you describe that for the Judge? 11 A They were thermoluminescent dosimeters, which it was 12 a little clip, and there was a pocket dosimeter, which you
.f(
_,' 13 checked, yourself. 14 Q Were there Health Physics people inside there, with 15 you? - 16 A Occasionally, there were. 17 Q Did you have a patch on your back which indicated 18 the amount of radiation dosage that you could be exposed to? 19 A Right. - 20 0 Were you constantly cautioned and instructed to read 21 your dosineter?
%,, 22 A Yes, when you were in a high rad area.
2' 23 0 You had .the power at any time, to constantly survey kv 24 your amount of radiation you were being exposed to? ! 25 A Right.
?
38
- p. 1 Q You knew the limit of radiation you could be L -.: .
2 exposed to? 3 A Right. e. 4 Q As far as those limits are concerned, in the course , 5 that you took, were you advised that the employee limits that 6 CP&L permitted were loss than those estabM shed by the 7 Nuclear Regulatory Commission? 8 A Right. . 9 0 They were less? A Yes, sir. ' 10 Q Was it not also true that CP&L went below that by 11 12 using a buffer even on those limits? r
-(,( 33 A Yes, sir.
O Were you provided with an extensive map of the radiation amnunts in the work areas to which you were lo. assigneO 16 A There was a room you could go into to check them. 18 O Did thar map not have the radiation amounts on it? A Which map are you talking about? O With the radiation work permit? A I never got on the radiation work permit. g .. 2 0 Was there not a radiation work permit issued for the work y u were assigned to? { A I never got inside to sign one. n o_ a__ c__
. h.
4
^"
39 j l' Q Wasn't that permit available for you to observe or 2: review? ' 3 A' Right. . T4
# 4 Did you do that?
Q ' t 5 A I didn't get inside to see it. , V 6 -O Did you review the radiation work permit for the 7 job to which you were. assigned which you refused to perform?
.1 8 Did you' look at that? - - .,'
9 A I looked.at some permits. 10 Q Did you look'at the one for the job to which you 11 were assigned? - 12 A I was never told which specific one I would be on. ( j-( 13 There was millions--there was a whole board of work permits 14 on there. The foreman never told me what I was going to do. 15 He told the men on the outside what the job would probably 16 be. 4 17 O Is it not true that this workbook makes it mandantory 33 that you do that? When you are assigned to a job, does this gg book not require you ro review that radiation work permit? 20 A That's for yourown personal benefit. gg Q It is yor yourown safety and for yourown information, on
~~
It is part of the ALARA program, is it not? tt i~ J A Right, well-- 23 -
)[h- 24 0 Y u are supposed to know where the various radiation 25 levels are in the job area you are working in so you can stay
3 40 ("' away from them. Is that not true? 2 A Well, that's-- ;
- 3 Time, distance and shielding?
O 4 A
~
Right. .,
.~ -
5 Q That is part of your responsibility? 6 A Right. - 7 Q On September 5th, you told them that you were not 0 going to go in and perform the work you had been assigned 9 because of your fear for your safety. Is that correct? 10 A RIght. 11 O Mhat did you do to try to determine whether those 12 fears were justified? j 13 A I went up there and looked at some of the surveys 14 in there and I knew that the shielding being taken out would 15 normally--anybody with any common sense would know that it 16 would be higher radiation levels through the whole area in 17 the containment vessel, so I gazed at some I of them. I had 18 no idea which one I would be on, but I looked at some of them 19 which we all did. 20 Q Are you saying that Metric was assigning you to a 21 job that was going to require you to expose yourself to 3 22 radiation doses beyond those that were permitted the CP&L
.)
23 requirements?
?
_ 24 A No, sir. 25 Q That's not your contention? n . . ... ~ e.
?
41 A No, sir. f'( s. 2 Q What is your contention? What was your concern? 3
, A That they were going to put us the an area. They IM 4 wanted the job done. They didn't care how it was done. They ,
5 didn't care how it affected a person radiation-wise. It was 6 ' detrimental to the plant operation to get it done. 7 ^ Q Who told you that?" 8 A Who told me that? 8 0 Where did you get this perception that you just 10 recited? 11 A Well, you could hear it from anybody outside. 12 Q Anybody, you heard it from anybody outside?
? + - ~
13 A The crew, the men. 14 O Did you try to confirm that with any of the Health 15 Physicis people from CP&L? 16 A No, I didn't. 17 Q Did you talk with Mr. 51atton 'about that? IS A No, I didn't. I never saw Mr. Slatton. 19 Q Ee is the Project Manager. Correct? 20 A As we work out there, we are told to go through a 21 chain of supervision. You don't just jump to the head man. 3,, 22 You start from the bottom. il 23 Q What violation of safety practices or information
-{s- 24 and material that you learned in your course you took, what ;
25 did Metric or CP&L do to make your job unsafe? What is it
* - - - "- =* ~
I 42
- 1
( that you say justified you to say, "I'm not going to do that 2 work," because that is what"you did? Correct? A I never said I wouldn't do the work. n uw 4 Q You did say, "I'm not going to perform this job that . [ 5 I have been assigned to do today," did you not? 6 - A I never said that. 7 0 I'm sorry. What did you do? What did you say? 8 A I told them I didn't mind performing the job, but 9 without the shielding and other safety precautions, I didn't 10 think it was safe to do it, and I still stand by it. 11 The shielding and other safety precautions, all right. 0 12 Mr. Blackburn, I am going to hand you what has been marked
..('(
l' - 13 as Respondent's Exhibit No. 12. Could you tell me what this 14 is, please, sir? 15 A Okay. This is an ALARA Concern. 16 Q What are ALARA Concerns and what was this one's 17 purpose? 18 A It was things -- Barry Robinson was the man over 19 ALARA and he would go into the reactor building and survey 20 different areas and tell you, "De on the look out for
.21 contamination or hot spots," certain things like that. , 22 Q Did you have weekly meetings, gang box meetings, at M
l 23 which these matters were discussed, which you attended?
?-
s- 24 A Yes, sir. l 25 Q That one is for August of 1984. Is there a section l l l - - w______-___ . .
r 43
.- on'that ALARA Concerns report entitled, Shielding?
2 A Right. 3 ! Q. What does that say?
.p, 4
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A During the next several weeks, much of the shielding 5 would be coming down out of the CB. All shielding must be- - 6 down prior to primary Hydro, September 5th. Be aware of 7
' dose rate increases in your work area. Do not loiter near 8 areas.which used to be shielded, such as RX Drain Tank and 9 " "
the let down line north of the skid bank.
- 10 0 Is it not true then, that in August of 1984, you 11 knew at these gang box meetings, because of the hydrostatic 12 testing,they were taking the temp rary shielding blankets f(-.i- 13 cut of there? Is that not what this says?
14 A This was not a gang box meeting of anything.I've l l 15 ever read. Ours mostly said,it would have like, hard hats, i 16 safety glasses, safety hazards on the job. This here, I've 17 never seen it. 18 O Are you telling me that at no time during a gang box 19 meeting was there any mention of a hydrostatic testing 20 program inside the containment vessel and that the temporary l l 21 blankets would be coming out?
. . . 22 A I wasn't told. The only thing I read was the day .s
,s 23 before I was fired, was that we're taking a lot of shielding l l< k- 24 out of the reactor building and such. 25 Q Did you know Mr. Barry Robinson? L I- . - .. -
~
44 1 A I didn't know him personally. . , , 2 Q But, he was there, on the job? s, . 3 A Right. -
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- y . ' -
4 0 When you saw the shielding coming out of there, could' . 5 ' you have gone and talked to him about it? '.- '
, ., - 4 6 3 pe11 , I don't think it was any of my business, at '
7
. ~
that time. '
.'.II 8
0 You did not think it was your business? 9 A I think it was the foreman's business. 10 0 If I heard your answers to your attorney's questions 11 correctly, you said you looked over in a field and saw this 12 laying out there and you got real upset about it. Is that
. 13 not what you said?
14 A I did say there was a lot of shielding out there, but 15 seeing shiciding out there and I'm working on the outside 16 doing a jch, it doesn't affect me. 17 D When they assigned you inside,'it is your contention 18 that it di'd affect you. Right? l 19 A That's true. - 20 0 But yet, you did not ask anybody? 21 A I didn't ask Barry Robertson. Like I said, we go 22 through a chain of command on the job. That was his business
) to ask Barry Robertson or any supervisor. I was just a 23 24 laborer.
25 Q You were an electrician. Correct? 1 l n_ o _ _ _n n - m - __ _
) .. , 45 I'm an electrician. A O You are an electrician ~, and not a laborer? 3 A Right.
~-26-. -
-3
- ' 4 '
Q That is a skilled trade, is'it not? . 5
^ ^
A That's right. . 6 Q You said that the shielding was a problem and that 7
, s.
is why you decided that the job was not safe, because the
~
8 shielding _was gone. Then, you made a general statement that 9 also, there were other safety violations. What were those? 10 A Other safety? 11 Yes, sir. Q I asked you to tell me why you refused 12 to perform the work that was assigned to you on September
.f" j 13 fifth. You said the shielding was gone, and other concerns, 14 other safety problems?
15 -A Well, poor housekeeping was another thing. 16 Q poor housekeeping? 17 A Right. If you never went inside, it would be hard 18 for you to know. It was dangerous, really dangerous, I think. 19 0 Did you talk to anyone about the poor housekeeping 20 dangers? 21 A We always brought it up there in the safety meetings, s, 22 anything we encountered--an open hole inside the floor, or J 23 water standing--we always told our supervisor and it was up 24 to him to carry it out from there. 25 O These concerns had nothing to do with. radiation
- n. 4 w.
'94
.- 46
(
.s exposure. -Right?
A .Well-- 3 3 -Q The radiation exposure problem was the shielding? 9 ~ ' A Right. ,, 5
'O- What does ALARA stand for?
6 A As Low'As Reasonably Achievable. 7
.Q Is.it not true that there are three things-that 8
[ affect exposure? 8 A Right. . 10 g- What are they, again, please? 11 A- Time, distance and shielding. . 12 -O So, if the shielding is not there, there are other 13 ways to conrrol the exposure. Is that not true? 14 A Well, maybe. 15 Q Mr. Blackburn, if you had reported.for work that day, 16 you had methods for determining the amount of radiation 17 dosage that you were exposed'to, is th'at not correct? 18 A Right. 19 0 Was there any requirement or instruction by anyone 20 that you were to exceed those linits? 21 A No, hobody told us that. 22 O I think you said Metric fired you or terminated you 23 on September 5th. Is that correct?
"k 24 A Right, that's correct.
25 Q At 10:00 in the morning on September 5th? L m_ mm o__
47 . 1 . H A Right. , , 2 On September'12th, then, you telephoned the Nuclear
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L: Q 3 3 Regulatory Commission and made some complaint to them. Is 'h 4 that Correct? ". 5-A Yes, I did. O Why did you wait a week to do that? 7 A . Why did I wait a week? I didn't know which way to turn. I wanted to let somebody know'. As I was Shuffled off 9 the job, I didn't have a chance to talk to the NRC official 10 on'the job. So, later on, I thought about calling the 11 Huclear Regulatory Commission, but that was a last thought. 12 I was-going to use that as the last thing to do. f( N 13 0 What were some of the first things to do? 14 'A Well, see, I'm not a person to stur up trouble. I 15 only do things that I think are right. ' - 16- .g- Would it have been right to talk to CP&L or Metric 17 about this? 18 A Well, I couldn't get back on the job. 19 Q .Before you left the job, would it have been right - 20 then? 21 A- I told you before, I was hustled off that job so fast
.g 22 it was like I had committed a crime, really. I had no time J
- 23 to talk to anybody.
k U 24 Q Did you telephone after that? 25 A' I tried calling. I went to the Safety Proctor's
*~~~ * - - ~ ~ ' * - ~ * ~ ~ - - - - -
48 I Assistant. She called. I read my pink slip. It said, r~
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'l 2 "Not to be rehired by CP&L on this pro j ect," and I told her 3
I would like to talk with the Safety Proctor, and his name
~~
- 4 was Rick Lhemus, and I told him, what was the deal on this 5
not being able to come back, and he said, " Boy, can't you
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6 understand? You're being fired." He said,"You're fired;' 7 for insubordination and can't be hired on the job again." 8 He was very arrogant to me. 9 . O Ile was a CP&L proctor? 10 A No, sir. He was a Metric. 11 Q Mr. Blackburn, are you familiar with the NRC Form 12 Three, Notice to Employees?
. f~ 13 . . -N A Right off the top of my head, I'm not. I might be.
14 Q Let me show you a copy of it. This is Respondent's 15 Exhibit no.1, page 76, what does it say on page 76 of this 16 NRC Form Three? 17 A CP&L is required to post Form NRC Three in the plant I where people work in or use any portion of the restricted 19 area. It shows a map with,the NRC offices, their addresses 90
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and telephone numbers. Here are some places where NRC Form 21 Three are posted, the bulletin board at the back badge rack 22 area. n
.)
l 23 Q Did you ever go near that bulletin board in the badge
- 24 rack area? Did you have a badge?
25 A Yes, I did. n o_ _a- c__
l
, 49 .
t
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, Q Where else?
2 A On the bulletin board'where hard hats are stored. 3 ^ O Did you have a hard hat?
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4 A Oh, yes. - _. ,y .
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5
-Q You would have gone near that? ,,:
6 A I carried my hard hat home with me.- 7 " I'~ Q Where else?
; 8 A Bulletin board in hallway just outs).de aur.iliary
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9 building. -- 10 Q Would you have gone down that hallway? 11 A Occasionally. 12 Q Where else? ,
,r .
l A
.a9-13 On bulletin boards in Administrative Building.
14 0 Now, woul'd you turn the page? Notice to Employees, 15 does that form look familiar to you? - 16 A I've seen that. 17 O Doesn't that form tell you where there are a number 18 of offices of the NRC with telephone numbers? 19 ) Right. 20 0 Mould you read to me from that where it says Employee 21 Protection? 22 A Okay. It says, if an employee believes that
..s
] l 23 discrimination has occurred, due to engaging in protected 24 activity, said employee may, within 30 days of discriminary 25 act, file a complaint with the Department of Labor, Employment l
^--- " - - * * ' * - ~ #^~'
50
. Standards Administrative, Wage and Hour Division. The S 2 Department of Labor shall conduct an investigation where .s u: discrimination has occurred, issue an order providing dr f relief for the employee. If relief is not provided by other 5
means, a settlement. 6 Q That says the Department of Labor, Wage and Hour 7 Division. Did you do that? 8 A. Page and Hour? 9 0 United States Department of Labor, Wage and Hour i 10 Division? 11 A Right. 12 I thought you responded to your Counsel that you Q (( 13 went to the State Of South Carolina Department of Labor? 14 A Yes, the Department of Labor. It says Department 15 of Labor. It doesn't say which one I had to see. 16 It says Department of Labor, Page and Hour Division. Q 17 A Well, they're all tied together. I put my trust 18 in the Department of Labor and where it's determined from 19 there, I have no control over. I filed it within my legal 20 time. I have papers and documents to justify it, too. 21 Q I am going to show you your Exhibit No. 3. What 22 does this carbon copy show?
.)
s' 23 A US Department of labor, CSHA
-' Did you see that?
v(, 24 Q 25 A Yes, I see it. n_ ra _ a _ ~ m_
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'l Q That is not the wage and hour ~ division, is.it? When-I 2 you saw that, didn't it ring any bells for you or cause you I 3 any concern?
'g. C* -7 4 A No,-it didn't. 5 0 I am going to hand you the letter from James Rowe, 6 your Exhibit No. 8--I'm'sorry. It is the letter from the 7 US Department of Labor, October 11, 1984, Exhibit No. 5, what 8 does.that say?
~9 A It says US Department of Labor, OSHA.
(. 10 0 Did you see that? 11 A 'Yes, I saw'it. i 12 Q That was no problem? [
,s.
13 A No, it wasn't. 14 O Mr. Blackburn, you mentioned that you were working 15 outside. What did your work consist of? 16 A We done temporary power on the plant, lighting, 17 telephone communication. , 18 0 The work you were assigned to do on September 5th, 3g how would you classify that work in terms of the working 20 conditions, other than with radiation? 21 A Simple. The job would have probably been simple, f
,, O Is it hot in there?
q .. A They had air condition units in there, sure, but 23 ! y u're still pouring sweat. You're still hot.
>(
s- - 24 25 0 Y u had to wear this clothing? i n__ o _ a_ a _ ___
y l
.. 52-1 A, Right, yes, sir.
.)
( 2' O Did that have anything to do with your decision? 3 A OH , no . That clothing is something you got used to. 4 Q When you compare that work to the work outside, would 5 you say that the work in that vessel or containment structure 6 that you were supposed to perform on September 5th, would 7 that be less pleasant work than working outside as an . 8 electrician? 9 A If you'll remember July was just as hot as August and 10 September to me on the inside, as I remember it. 11 0 So, th'at did not have anything to do with it? 12- A No, sir. (' 'e" . 13 0 It was the shielding? L{ 14 A Right, the whole ball game, the shielding. 15 0 Is it your testimony that you told nr. Young about 16 this? You e:<plained to Mr. Young your concerns? 17 A I did. I did tell him ny concerns for the job. It 18 was his concern and he didn't really want me to go in there yg to start with, but it was a job that had to be done and somebody had to do it. g Q You mentioned that the MRC ordered radiation dosage
,,, limits?
' (.:5
- A Right.
O They saw that the limits were less than that. CP&L 24 b). g had limits less than that and then, there was a buffer that Acme Reporting Company
e ,. 53 1 CP&L uses? (Q 2 A Right.
)
3 l 0 on September 5th, what radiation dosage had you
@ 4 accumulated for that quarter?
5 A I don't think I had any for that quarter. I worked 6 in different parts around the reactor building, which you're 7 going to pick up small amounts of radiation dosage. 8 Q I think you mentioned that 1250 millirems was the 9 NRC limit? 10 A Right, as I remember it. j 11 Q So theoretically then, it is true that you could 12 have safely been exposed to radiation dosage fo'r the balance ({ 13 of that quarter to up to 1250~nillirems? 14 A True. 15 O That is what you learned in that course. Right? 16 A True, right. l 17 .O Is it your contention that your work on September 18 5, 1984, in that containment vessel without the shielding 19 would have exposed you to that much or more? 20 A Uc, it 's not. It wouldn't have, because I would 21 never have gone in there. 22 Q Tell me again why the job to which you were assigned b. 23 which you refused to performed was unsafe. What was 24 unsafe about it? 25 A I think the main thing was the principle behind it. Acme Reporting Company
, .. 54 1
O, That was number one. ( 2 0- What principle is that? 3
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A Well, CP&L or Metric didn't recognize my side of the 4 safety. They saw their side of the safety and that was all. 5 0 Their side of the safety and NRC's side of the safety 6 was that when you accepted this employment to work in a 7 radiation or nuclear facility, you would be exposed to some 8 radiation. Is that not correct? 9 A That's true. 10 0 They established limits to that radiation that are 11 determined to be safe limits. Isn't that right? 12 A I would say so, safe limits.
, . - + ,
.. 13 0 You have indicated that you would not have been 14 exposed to anywhere near those safe limits. Is that correct?
15 A Right. 16 Q Eut, you determined yourself, that it was not safe. 1 l 17 Is that right? - 18 A well, as I told you, by reading the surveys, just 19 taking a visual look around the room at the surveys and 20 talking with people that had been in there and come out that 21 knew exactly what was going on in there. I mean, you can't on
~~ sit outside and--
st.
.D5
1 23 0 Well, let me ask you this: Did you decide on l l
I 24 September 5th that being exposed to any radiation was some-
)
25 thing you just did not want to do? L Acme Reporting Company
f, . 55 1 A No, sir.
. :] It wasn't. '
O Mhat limit of radiation would you have accepted on 3 that day?
'_(R:c 4
. A I wouldn't have complained about any.'.If I.wod1d 5
have went in there and picked up a nice dose, I wouldn't 6 l.- have complained, as long as it would have been safe, as long 7 as I know I would have gotten the least amount I could have 8 got. t 9 Q Where does it establish what would have been unsafe? 10 A Well, if you look in that book, it says acute. What 11 we were going to do would have been an acute dose of radiation.
-12 -Ycu would have got a large amount in a real fast time, which
(. 13 is not good for you by any means. I know--I have taken
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14 acute amounts in other jobs. 15 0 But, not the Metric jcb? 16 A Not the Metric job. 17 O Before Metric? - 18 A No. 19 0 After Metric? 20 A Right. l 21 O Have you worked in radiation facilities after Metric? 22 A I have. I wasn't scared of it. There was no need 23 to be scared of it.
) 24 O Can you tell me where you would have been subjected 25 to those acute amounts of radiation?
)
Acme Reporting Company
56 1 A Surrey, Virginia 9 2 ( O I mean on this job on September 5th. 3 A Any locked high radiation area in that facility. 4 MR. BURDETTE: No further questions. 5 JUDGE VONBRAND: Redirect? 6 REDIRECT EXAMINATION 7 0 (by Ms Burnette) I believe when Counsel for the 8 ' i Fespondent asked you.a series of questions, you responded 9 that you would have gone in and accepted what was necessary. 10 Is that right? 11 A Right. q
. 12 O Is this related to your ALARA training?
Ir'T 13 A Right. I 14 O That is as low as reasonably necessary. Did you feel 15 that the shielding could have prevented you from receiving 16 a certain amount of radiation?
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17 A It could have prevented anybody, not just me, but 18 anybody. 19 Q Was it your feeling that it was not necessary at 20 that time to take that much radiation, if the shielding had 21 been up? on
~~ A Right. !?.% .g) 23 Q That was you- .:ancern?
24 A Yes. It's true.
'. -)
25 Q Did you believe that it was going to be unsafe that i j Acme Reporting Company I _ _ _ _ - - - - - - - _ - - - _ - - - - -
' " ' ' ' " ~ " "
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57 I day to work in that area? - 2 A Right. MS BURNETTE: Thank you. i 4 JUDGE VONBRAND: Recross? i 5 MR. BURDETTE: None. i 0 ~ JUDGE VONBRAND: You are excused. 7-(The witness was excused). 8 JUDGE VON 3 RAND: Off the record. 8 (A brief discussion was held). 10 JUDGE VONBRAND: On the record. Claimant has offerred 11 the affidavit of his Ccunsel concerning attorney fees, as 12 Claimant's Exhibit No. 11. I understand that there'is no { 13 objection. This document is received. 14 (The document above-referred to, was marked for identification as Claimant's Exhibit 15 no. 11, and received). 16 JUDGE VONBRAND: Mr. Burdette, you may proceed. 17 MR. BURDETTE: The company calls Mr. Floyd Slatton. 18 'Whereupon, t l 19 FLOYD SLAT'"ON 20 was called as a witness by and on behalf of Counsel for the 21 Respondent and, after having first been duly sworn, was l 22 examined and testified as follows: 23 DIRECT EXAMINATION
)~ 24 0 (by Mr. Burdette) Please state your full name.
25 A Floyd Slatton. Acme Reporting Company
..- 58 1 Q What is your address, sir?
'{%
2 A '114 Florida Drive, Darlington, South Carolina.
'3 Q By whom are you employed?
A'M N 4 A Metric Constructors, Inc. ' 5 Q In what capacity? ' 6 A I'm the Project Manager at-the H.P. Robinson Plant 7 at Hartsville, South Carolina. , ( 8 Q How long have you been employed in that capacity? 9 A Since June of '84 10 Q Are you presently employed there? 11 A Yes, I am. 12 Q As Project Manager? '( "' 13 A Yes, sir, s.( 14 Q Can you explain the relationship between Metric and 15 Carolina Power and Light at the H.P. Robinson Plant? 16 A Yes, sir. We are an independent contractor hired to 17 do service work for CP&L at Robinson. .In our contract, we 18 have to follow all regulations, procedures and rules of yg CP&L at the plant while we are doing the work for them. 20 0 Mhat kind of work does Metric do for CP&L at the 21 R binson Plant? A W 11, all phases of construction work. We have 22 23 electrical, mechanical and civil work, to replace three steam cenerators, electrical mod work, piping and now, since that (}
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24 25 steam generator is replaced, we're doing mod work. We're , i Acme Reporting Company
4
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do.'ng civil support for this mod work, as of now, l 2 (] O You mentioned that Metric is obligated to comply 3 with CP&L'.s various plant practices. Is there any requir'ement 4 or practice with regard to the employment of personnel by 5 ' ' Metric? , 6 A Yes, there is. We have very ctrengent requirements 7 for the employees. We have to do a background search on them, 8
,a five year criminal credit. It's required by the tfRC and - .
9 CP&L also has theirown procedure for nonlicensee personnel 10 at their working nuclear plants. 11 Q What is Metric's attitude toward the personnel once 12 they have gone through all this? Are they deemed highly
- f. .m' 13 expendable?
s{; 14 A No, on the contrary. I have a rough time getting 15 people because I have a lot of people who can pass the 16 requirements to work at this plant. 17 - Q What is the practice with respect to the ALARA 18 program in assigning personnel to work crews? 19 A I have so many people. I can get so many people in 20 at one time to work, so I have to rotate the people so that 21 I don't--the terminology is--burn them out, so I can get the
, 22 work done that I have to do, for CP&L. I have to rotate ug, 23 these people so that they do not pick up too much radiation, 24 which by law can only be so much. So, we rotate these L) l 25 people so that they do not pick up more than the dose they Acme Reporting Company
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. l 60 i
l are allowed to pick up.
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2 Q If an employee gets~out of balance in' terms of 3 radiation exposure in a crew, do you rotate him out and bring C , in.somebody else with less radiation exposure? 5 A Yes, we do.
.O Do you try to keep th'e people in the crews balanced?
A Yes, sir. We do. I get a computer read out every 8 day of all'our employees, so that I know where they're at in 8 relation to the amount of dose they have, so that I can keep 10 the crews functioning to get the work done on a timely basis. 11 Q Why don't you tell us a little bit about what the 12 instructions are with regard to Metric's practices on the ( 13 job in terms of employees' safety or complaints of hazardous 14 working conditions? 15 A We tell the people when they come in, and they're 16 taught in the school, too, that they're responsible for their l 17 safety. Each person who is employed bi Metric is a Safety 18 Person as far as Metric is concerned. We stress this all 19 the time, that they're the main person responsible for their 20 safety. We have our superintendents and we ask them to go 21 through the chain of command. 22 If a person tells his foreman and doesn't get any b., 23 action, he.has a right to go to his superintendent and if () 24 the superintendent doesn't do anything about it, then, my 25 door is always open. They can come in and see me. L_-- - __ _ _ _ ._ 1
61 1 0 Did Mr. Blackburn talk to you about this safety ( 2 concern? 3 A No, he didn't. 4 Q Did other employees in August and September of 1984 5 complain about safety concerns? 6 A I can't say it was August or September, but we did 7 have quite a few people that came in and talked to us about
,8 safety concerns, radiation, and also the other safety factors.
9 Me have had several people who have had safety concerns and 10 we have addressed those as they have come up. 11 O on September 5, 1984, the date that Mr. Blackburn 12 was terminated, were there other employees on that date who 13 were terminated because of work assignments? 14 A No, there were not. 15 0 Mr. Blackburn testified that he had been blacklisted. 16 Did Metric blacklist Mr. Blackburn? 17 A I think on his termination report, we said that he 18 ceuldn't be rehired at this site. 19 Q Why did you put that on there? 20 A Well, I would not bring a man back to this site that l 21 refused to go inside. As he said, he refused to go in there 22 and he refused a job assignment. I just would not bring him 23 back on the same job.
) 24 0 Why was Mr. Blackburn terminated?
25 A He refused a job assignment. l Acme Reporting Company L _ _ _ _ _ _ _ _ . _ _ _ .
l 62' 1 O Was Mr. Blackburn's termination because of any fear ( 2 that Metric had that he would report Metric to the NRC or 3 some other regulatory agency? O 4 A Mone, whatsoever. That wasn't the reason I 5 terminated him. He was terminated. I'm the final arbitor. 6 I signed it and he was terminated for refusing a job 7 assignment he was assigned to do. 8 O . Would that have been true of any other employee? 9 A Yes, sir. 10 MR. BURDETTE: I have no other questions. 11 JUDGE VONBRAND: Cross Examine. 12 CROSS EXAMINATION 13 Q (by Ms Burnette) Mr. Slatton, hcw many times have 14 you talked to Mr. Blackburn? 15 A Very few times. 16 0 Did you talk to him at all on September fourth? 17 A Mo, I did not. - 18 Q Did you talk to him at all on September fifth? gg A Not that I can remember, either day. 20 0 Y u were n t there when he brought his concerns to 21 Bobby Young, were you? A I was on the jobsite, yes, ma'am. b U O Did you hear him tel anything to Bobby Young? g s A No, ma'am.
) 24 0 You did not hear that conversation?
25 Acme Reporting Company
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1 - - g- . . . A: No, ma'am. . Did you ever meet with Mr. Blackburn that. day? Q. 3 g
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30, ,,.am. I didn't.
.h 4
0 He'did not actually have a-chance.to give you his ,
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5 reasons, did he?
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L . 6 ~
'A I didn't talk to him that day.for whatever reasons.
7 t I don't know what the reason was. 8 0 You wer.e just relying ca what somebody told you he 9 ~ wanted or he said.- Is that' correct? 10 - ' A- Yes, ma'am. 11 Q You stated that you have an open door policy, but 12 that the employee should first go to the foreman, and then, (' 13 up the chain of command. If he does not get results from 14 the foreman, he can go to the superintendent and then, to 15 you. Correct? 16 A Yes, ma'am. 17 Q Mr. Blackburn came to work about 8:30 that morning? 18 A I don't know. 19 Q He reported to work at 8:30 and he was told at about j 20 9:00 or 9:15 that he was going to be fired? 21- A Well, we start at 7:00. The reason I said I don't 22- know is because our shift starts at 7:00. 'O Q Assuming he was there on this particular assignment 23 24 at 8:30, then was told at 9:00 he was going to be fired, he {} 25 didn't have much time to take his concerns up the ladder, Acme Reporting Company w-_-_________.
64 I
. ') did he? If he wanted to go to the superintendent or you?
2 A I don't understand the question. 3 Q He did not have much time to go up the chain of G 4 command in a half'an hour, did he? 5 A Yes, he was talking to his foreman, wasn't he? 6 0 You heard his testimony that his foreman was going 7 to let him think about it until 9:00 and then, his foreman 8 was going to talk to him again, so he was expecting to talk 9 to his foreman again,'wasn't he? 10 A I'm not sure I follow; 11 Q You heard his testimony, did you not? E! A Yes, ma'am. r
~( 97 ) 13 Q At the 9:00 break, his foreman was going to talk to ws 14 hin again . Bobby Young was going to talk to him again and 15 find out whether he wanted to go and do this job?
16 A I understood him to say that Bobby told him he' 17 would like to know at break time what his decision was, 18 yes , ma 'am. 39 Q Ereak was at 9:00? 20 A Yes" ma'am. 21 Q To your knowledge, did Bobby Young or you try to no check out any of Mr. Blackburn's concerns by going to the (? 23 figures or to the maps or anything between 8:30 and 9:00, () 24 before he was told he was fired? 25 A When I got his termination slip would have been
.g.
Acme Reporting Company
65 I probably right when he was terminated and there was nothing (] 2 said by anybody about a safety concern on this incident. 3 Q You do not know whether he brought that up or not,
@ 4 do you? ,
5 A That's right. Personally, I do not know. 6 Q It could have brought it up with Bobby Young? 7 A Yes, ma'am. 8 Q You were not there? 9 A No, ma'an. 10 MS BURNETTE: No further questions. 11 JUDGE VONBRAND: Redirect? 12 REDIRECT EXAMINATION 13 0 (by Mr. Burdette) Mr. Blackburn in conjunction with ('%: '(I 14 the contention about blacklisting, also said that he could 15 not go to the 11RC Office on September 5th because they took 16 his clearances away from him. Is that true? 17 A No, because the NRC Office is not inside where you 18 need a clearance to get to it. Any person in this room could 19 go up there right now and walk into the NRC's office. He 20 could go through--if he lived in that area, he could go up 21 to the guard shack and say, "I would like to see the Resident 22 NRC Inspector on this job," and they would take him right O into the office.
- 23 l ~'
(; 9
~4 Q There is a Resident NRC Inspector there?
f 25 A Yes, sir. Acme Reporting Company
E l : 66 1 g Q Anybody can go and se's him? 2 Yes, sir. A Anybody can see him at any time. 3 0 so, rather than calling him on September 12th, he
$1' 4 could have walked right in the office?
5 A Yes. sir. Even after he had been terminated from 6 the site. I 7 Q It requires no clearances to go into that office? 8 A Well, yes, you would have to go to the guard shack 9 and tell them that you wanted to see the NRC Inspector 10 and you would be allowed to see the Inspector. 11 O Metric could not take away his right to do that? i
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12 A No, sir. 13 CP&L Could not take away his right to do that? O 14 A CP&L would not. No, sir. , I 15 Q Mr. Slatton, do you view employee health and safer.y 16 as a very important concern.of yours? 17 A It is one of our most important things that we look 18 at. It's one of our most important things. We have a 19 safety program second to none. I have a safety inspector 20 on the job at all times. That's a prerequisite on most of 21 our jobs. We have a man who is in the field at all times.
,,,. 22 We have safety programs. He have safety contests. We have
- s.,
23 ene going on right now. It's one of our most important
) 24 aspects of our job.
25 Q Has Metric ever been cited, during your period of n- a a- <> _
. *. - _ - _ ) !J .
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... 67 I time in your job, by the Nuclear Regulatory Commission or
(. 2- anyone else for violations of employee safety? 3 A No, sir. Not that I know of. 2$ 4 MR. BURDETTE: Thank you. . 5 JUDGE VONDRAND: Recross? 6 RECROSS EXAMINATION 1 7 0 (by Ms Burnette) Mr. Slatton, is it not true that 8 Mr. Blackburn had to have security clearance for most g everywhere he went while he was one his job? 10 A No, just in the vital areas, just in the protected 11 areas. 12 O Did he not work in that area a good bit of the time?
-m.
( .- A Yes, ma'am. 13 g Q Do you think he could have had a reasonable belief 15 that he needed security clearance in order to see the NRC representative? Would it be unreasonable to assume that? 16 A I think that would be an assumption on my part. 77 18 can't answer that. I den % know. All of or us M ng and g all of the MRC rules are such that people have rights and they are apprised of these rights and there's no way that 20 we can, under penalties of law, stop them from seeing the NEC Resident or any safety. We have an open door clear to ;
.. 22 i
cur President on safety. If he or she doesn't get sauisfac-23
; tion, the employee can go clear to, can call our President and the President would be down there that day.
25 n_ a _ a_ a _ __
68 i 1
,< J Q He did go to the NRC later. You heard'that from 2
his testimony? 3 A
, Yes, ma'am. He said he did.
4 0 When you fire an employee or terminate an employee, 5 do you expect them to leave the premises immediately? 6 A Yes, unless he wants to see so.mebody like that, 7 unless he wants to see me. If he wants to see me, they can 8 come see me before they 're terminated. 9 0 Generally, you are ready to get them off the 10 property, are you not? 11 A Yes, yes. 1 12 MS LURNETTE: Thank you.
. .s
(' 13 JUDGE VONDRAND: If there is nothing further, you 14 are excused. 15 (The witness was excused) . 16 JUDGE VONDRAND: Do you have another witness, Mr. 17 Durdette? l 18 MR. BURD2TTE: Yes, Your Honor. Mr. Bruce Meyer. 19 "hereupon, 20 BRUCE MEYER , 21 was called as a witness by and on behalf of Counsel for the 1 22 Respondent and, after having first been duly sworn, was 23 examined and testified as follows: () 24 DIRECT EXAMINATION 25 0 (by Mr. Durdette)~ Please state your name. l Acme Reporting Company
69 1 A Bruce Meyer. 2 , O Nhere do you live? 3
, A My residence is in Cary, North Carolina. I am a 4
Health Physicist for Carolina Power and Light. Health 5 1 Physicist is a fancy term for basically, a specialized 6 industrial engineer or specialist, primarily dealing with 7 radiation and radiation protection matters. j 8 O Mhat is your official title with Carolina Power and 9 Light? 10 A I'm the princible !!ealth Physics specialist. I'm 11 responsible for supervising the health physics support unit 12 in the corporate offices. {D 13 Q Uhat is your educational background? 14 A I have a batchelor of science degree in nuclear 15 engineering from Purdue University with a minor in Health 16 Physics. I graduated in '77. 17 O Since 1977, what kind of empicyment have you had? 18 A Primarily in the nuclear power industry. I worked for 19 Comon .'ealth rddison in the northern third of Illinois for 20 three years. Two of those years were at a nuclear power 21 plant, design nuclear generating station. After that, I 22 werked for about a year and a half for the State of Illinois, 23 the Departrent of Nuclear Safety, as an Inspector for the 24 state in nuclear matters. For the last four and a half 25 years, I have worked for Carolina Power and Light as a < Acme Reporting Company
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l 70 1 7e) I!ealth Physicist in radiation protection. 2 O Chronologically, in September of 1984, what 3 responsibility or what involement did you have with the 4 H.P. Robinson Plant in regard to radiation safety? 5 A I'm going to back up for a moment, if I may. Prior 6 to that time, working in the corporate Health Physics 7 support unit, my responsibilities were for the licensing for : 8 the up coming steam generator repair project, the pinnning, 9 the coordinating, the radiation protection program, how many 10 people would be involved to provide health physics support, 11 what type of ALARA neasures, if you will, shielding, planning, 12 special tools, deconning and what have you that could be
.3
(' 13 used to rinimisc the radiation exposure during the stear ' 14 cenerator repair project. 15 I did that activity for approximately a year and a 16 half. I actually worked on a submittal to the NRC called 17 the Stean Generntor Repair Report, where we in depth, went 18 throuch exactly what we were goinc to do, how we were coing 19 te do it and what reasures we were going to take to ninimize 20 the exposure. 21 I spent time at two other utilities to observe this
, 22 major rodifientian that they had performed, prior to CP&L, s
23 the steam generator replacement project. () 24 Six m nths prior to the actual outage, I was transfered 25 to the Robinson Plant, and spent the next six or seven months I i Acme Reporting Company
71 q- 1 preparing for the actual outage, receiving equipment,
- 2 writing procedures, ordering shielding and what.have you.
1 3 When the outage started, I was one of two radiation control ! hUS 4 supervisors at the site. 5 My primary responsibilities were job coverage, that 6 is providing health physics technician coverage of workers 7 in high radiation and locked high radiation areas, conducting 8 and making sure that the routine surveillance of radiation in 9 contamination areas was conducted according to procedure and 10 according to the regulations, doing special surveys during 11 high radiation jobs, areas that have higher radiation jcbs 12 in them. m, {' 13 All areas are categorized by the different levels of 14 radiation and contamination and the higher the level, it 15 requires special permits, special needs, special preparation. 16 Also, preparing the radiation work permits, which is 17 the permit that conveys the information that we receive in 13 our routine and special surveillance to the worker. It states 3g the radiation levels and it also states protective clothing 1 20 re rements. 21 0 The radiation work permit is a survey of the radiation l xp sure which may exits in the work environment. Would you 2 I '-- exclain that? l - 23 A Okay, a radiation work permit is required for all ( )' 24 individuals to enter a radiation control area. At Robinson, n- o m- e_
4.
.. 72 1 the radiation control area is an area where all the O( 2 radioactive material for the most part, is contained or 3 encompassed.
e.'! g ws 4 O 'Is that the area Mr. Blackb. n was assigned to work 5 in on September 5th? The containment building is a radiation 6 area? A Yes, it is. It is actually posted as a locked high 7 8 radiation area. That means you have positive access centrol g because of the higher levels of radiation in that building. I was sayine about the RMP, all entries into the 10 radiatien control area require an RWP and it is a. matter of not only a good radiation protection package, but is it
'3 also required bv the insurance corpany.
~ It is something that
{.' 13 yeu need to tell the worker because they are ultimately 14 lo, responsible for theirown radiation exposure, safety and what have vou.
~ -
16 You need to convey what the radiation levels are and 17 what the protective clothing requirements are in the jobsite 18 they are going to be working in. 19 C I am going to show you what has been marked as 20 Eespondent's Exhibit No. 4, and I wonder if you could tell L 21 re if that is what you are talking about? 22 lw' A This is a routine surveillance report of the containment l 23 s vessel, or reactor buildinc, or the dome. All three of these (_ ) 24 are svnonomous. They all mean the same thina. 25 Acme Reporting Company
l: i' 73 JUDGE VONBRAND: What is the dome? I think that is 0I)
-2 the site we are concerned about.
,y,, THE 13ITNESS: Right, the dome, the reactor building
4 and the containment structure are all the same structure. It 5
is what most people recognize when they say, "There is a 6 nuclear power plant." It is a large concrete and steel 7 structure that contains most of the radioactive material, the 8 contaminated systems and the nuclear systems, for.the most 9 part. It is designed primarily for during operations, to 10 provide fueling to the outside world and during postulated 11 . emergency conditions, to contain whatever release of 12 radioactive materials from the pipes or what have you. So,
~
13 it is the largest structure on the site, for the most part. 14 0 (by Mr. Durdette) Are the radiation levels within j 15 that structure measured? 16 A Daily, we do a surveillance when we're actually working 17 in the Containment, during outages, of every floor and most 18 of the cubicles within the conczinment vessel. 19 0 What is the purpose of that? 20 A Well, there are two purposes. It tells us, the Health 21 Physicists, the Specialists, it categorizes the room or what 22 have you, tells you what the contamination levels are, it 23 tells you what the radiation levels are, and based en that, () 24 you prescribe the proper desiretry, the proper protective 25 clothinq and the proper job coverage. Job coverage is when Acme Reporting Company
74 1
/?} you; send a trained technician to go along with- the work crew 2
cr the individuals to assist them in performing their work. 3 6 For the workers' safety?
,"/.
4 A Yes, sir. 5 Q On September 5, 1984, was there a detailed survey and 6' measurement made on the area in'which Mr. Blackburn was_ l 7 assigned to work? I 8 3 Yes, there was. The whole containment structure was 9 surveyed, like I said, daily during this evoluation of the 10 outage. From February through December, I think,we did a 11 daily survey of the containment structure to identify areas 12 that might have changed, due to turning on purps or what have r~% {' 13 ycu', to determine the activity. 14 This survey record was then, reviewed by the foreman, 15 the first line supervisor, for trends in radiation e.s:posure 16 and to help fill out the radiation work permit. 17 It was also reviewed by myself, with the other RC l 15 supervisor, and then, it was posted with the other radiation 19 work permits right outside the entrance to the radiation 20 control area. l 21 0 can you explain the shielding and how it was involved
, 22 with recard to the work beina perforned on September 5th, with I s.
23 recard to the hydrostats? s {) 24 A Shieldino is just one of the nany tools that is used to 25 reduce neoples' exposures. Mhat we use is what Mr. Blackburn Acme Reporting Company
75 (?} and others have already referred to as ALARA. That is a 2 state of mind, or philosophy. Any ALARA decisions that are ' ,,, 3 made, there is a cost benefit that you have to make in your 4 mind, more or less. It's a subjective type decision a lot 5 You have to minimize the exposure to do useful of times. work. Ultimately, you could have ro exposure, but then, you 7 would have no work and that is not ALARA. You have to get 8 sorething done productive, produce electricity, which is what 8 we are ultimately after. 10 To do that, you are going to have to expend some 11 exposure. You minimize that and you use the philosophy of 12 ALARA. It is very subjective as to what is reasonably s (' 13 ochievable. 14 Dut, to address your question about shielding, 15 shielding is just one aspect of that. The shielding that 16 we're talking about with this issue should be called - 17 portable shielding. It is a lead blanket, the consistency 18 of steel wool, but it made out of lead. It is stuffed into 19 plastic bags, more or less, and sewed up and it is hung on 20 pipes and it is hung on structures in front of pipes or 21 whatever the source is of the radiation or radioactive
,... 22 material.
L. 23 There are no federal regulations that require any () 24 shielding to be in place, portable shielding. There is only 25 ene paracraph that addresses ALARA in the Federal Regulations Acme Reporting Company
76 1 when it comes to occupational exposure. This shielding that 2 was used, was used throughout Containc.ent, and some of the 3
,. shielding had to be removed to safely operate these systems.
,. s r
" 4 The shielding that was placed on the valves, the 5
pumps and the lines had to be removed prior to doing the 6 testing. 7 The shielding in itself, does not reduce your 8 exnosure. Exposure rates in themselves are not a hazard. 9 It's the dose you receive while doing your work and we have ! 10 a very sophisticated. very elabnrate systems set up to reet 11 the already stringent federal lirits. So, shielding in 12 itself or the lack of shielding in itself. is not going to 13 necessarily minimize your dose. 14 0 ifithout shielding, time becones important? 15 A eII , there 's time and also, distance. You would use 16 the distance by either using special toc 1s, and time is a 17 very critical aspect. 18 If I have to get a job done, as an example, and that 19 job takes two hcurs to do. I may allow a worker to go in and 20 work the whole two hours and pick up "x" dose. 21 "hereas, if I don't shield, I ray have to send in two 22 workers to work half the tine and they will actually end up i'~' 23 picking up X, plus dose because there's always an 24 unproductive arount of dose associated with doing a jcb, just 25 walking to the job and walking away from the job. If only one Acme Reporting Compony
77 1-
. f3y person has to do that, it's obviously less dose than if two 2
people have to do that. So, the point here,-is that 3
,. shielding is not'the only ALARA tool we have and that we use L.'
4 on the jobsite. 5 0 Had any of the permanent radiation shielding been 6 removed from the dome? I A No, it hadn't. 8 0 only the blankets? 9 A Just the portable shieldine which is something that 10 sometimes we use shielding and sometimes, we don't. It's 11 just the nature of the jcb and what the total exposure is 12 expected to be for the, job. Some jobs, it takes twice as
-s
(' 13 ruch exposure just to put the shielding in place, than it
,14 does the job. So, obviously then it is not productive or 15 ALARA to put the shielding in place.
16 The shielding is heavy and at some places, you don't 17 have a crane or t.echanical equipment you can use to put it 18 into pince. So, in that situation, you would opt to use 19 ether reans and lirit the tine, use special tools, use robots 20 or what have you. 21 O Mr. Blackburn testified that his safety concerns . 22 centered around the reroval of the shieldina. Did the L. 23 renoval of the terparary shielding from the dome nahe the () 24 job unsafe? 25 A No, it did not. Acme Reporting Company
- a 78-
'I
~
Q- Did it expose the workers'in that done to greater 2
. than normal radiation doses, as Mr. Blackburn testified?
3
,,.... 3 g, ell, here again, normal is relative--relative to what?
q: u.. 4 It turns out that at this stage of the outage, we had been 5 shut down since January. The radiation in the pipes or what 6 have you had decayed for the last seven or eight months. 7 Even without-the shielding, it depends on what you i 8 call norral. Norrally, we don't.put in portable shielding, 9 but we were going to be in there for a year or so, and that's 10 what we did. 11 Normal in this case depends on what you call normal. i 12 Yes, the radiation levels if you took the shielding away would
.m 13 typically be higher.
{ 14 Let's say they went in general areas from two 15 millirem per hour to four millirem per hour. but that just i ,. 16 depends, like I said, on what ycu would call normal. 17 O Let me ask you some questions about dosage and 18 radiation exposure. Phat does the Muclear Regulatory 19 Cornission provide in terms of standards fer employee safety? ! 20 A Okay, on this job and for these crews of electrical 1 l 21 people, the dose limit would have been 1200 millirem per 22 year and 300 tillirem per quarter. A quarter is more or less s. 23 a calendar quarter. It may vary one or two days, depending 24 cn how the month ends and how your badge ends. The CP&L 25 limits for the crews Mr. Blackburn was working on were 5000 Acme Reporting Company
i 79 l. 1 Q .. g a year and in.this case, I believe it was 2000 a quarter. O ro, less than half the NRC limit per year? 3
. , ;, A- Yes.
*H
'4j 4
-Q And, about two thirds the amount per quarter? 1 1
l A That's correct. And, it turns out that we, at 6 Robinson, had a goal to maintain doses to 4000 millirem a 7 year and we achieved that goal, and that was a very notable 8 accomplish!nent . 9 0 That was one third of what the NRC provides as'a safe 10 yeye17 11 .A That's correct. For the whole year, no worker got 12 above 4000. 13 { O That would apply to Mr. Elackburn? 14 A Yes, it would have. 15 O The cuarterly limits would have applied to Mr. 16 Blackburn? 17 A yes, they did, 18 o Those are two thirds of the ::RC amounts. Right? 19 A Richt. !?e was anproved to 2000, and then we buffer 20 it another 30 percent-- to 1600, so he was technically 21 approved to go to 1600 millirem for that quarter. For that
. 22 quarter, as of ceptember fourth, his dose was 866 millirer.
23 0 And these are the !!RC's safe limits? .
)
24 A '* ell . the way these lim.its are , the federal limits in 25 therselves are safe. The limits are based, after the last 50 Acme Reporting Company
80 I T)1 years of study, primarily from the atom bomb blasts in 2 Japan and the observable effects, you observe those effects 3
,, and the federal limits are based a couple orders of magnitude k 4 below any observable effects. CP&L's linits are below the 5
federal limits, which are already deemed safe by the 6 Government, and then, our administrative control limits are 7 even below the CP&L limits. So, it is buffer upon buffer. 8 0 Had Mr. Blrckburn not refused his job and gone into 9 the dome to work, were there procedures in place there that 10 would have assured that he would not have been given more 11 radiation dosage than your CP&L buffered amounts established? 12 A Yes, let me walk you throurjh what a typical worker
.-g 13 enccunters, or ryself, as a supervisor, gaining access into
({ 14 the radiation areas. There is a change out area where you 15 rerove rest of your street clothes. In that area, all the 16 radiation work permits are posted and the surveys assrciated 17 with those work permits and the routine surveys are posted. 18 o *: hat do they show? 19 A They show the radiation levels, the contamination 20 levels and the air borne radioactive levels for the entire 21 plant and for the specific jobsites a worker has been 22 instructed to go to.
~
33 The radiation work permit gives the dosimetry which
..s
() 24 is either the TLD or the pocket dosimeter which can be read 25 out all the time, constantly. It gives the protective Acme Reporting Company
o 81 !
"U) clothing requirements, the respiratory protection requirements 2
l and any other special. instructions, whether you will have 3
,... continuous health physics coverage by CP&L or contract 'OY 4 technicians.
5 Next to that, you have, if you have any questions, you j 6 have the RC Foreman's office and the radiation work permit 7 office and the dosimetry office. So, if you have any 8 questions, you are encouraged and it is posted, to contact O IIP . You call them or contact them. There was a large window i 10 where you could co and talk to someone if you have any 11 questions about the survey information or the RUP requirements, 12 0 Is this a window where you can voice safety concerns? G. 13 ( : "ost definitely. 14 0 About higher than normal radiation exposure? 15 A Yes. all kinds of concerns. 16 Q Mr. Blackburn would have had access to that?
^
17 A Yes. After you review this information and you 18 remove most of your street clothes, if you're going to an area 19 requiring protective clothing, you then fill out what we call 20 a chit, which is, "I'm signing in on RPP 2528." Fe number 21 the radiation work permits in sequence.
.. . 22 On the r,diation work permit, it states what the
%v 23 recommended allowed dose is and in rest containment entries, N
. (, / 24 it w s 150 millirems. For scre areas within the punp bays 25 which were considered higher radiation areas or locked l
Acme Reporting Company
m S2 1 radiat' ion areas, it was 300 millirem. 2
-Q Is that a control in itself?
3 A That's that entry control dose, so you are not allowed
'.d ~ 4 to go above that.
5 Q You are not allowed-to go in there without that much 6 allowance? 7 A That's correct. You fill out this chit and you walk 8 around to one of -six access lanes, where a dosimetry 9 technician is seated. You hand them the chit and call your , 10 name up on the-computer and they open up and check your ! 11 record. They look to see what you have been approved to in 12 terms of what your dose is--let's say, 1000--what your { 13 available dose is. If you had picked up 500 to that day, 14 ycu have 500 available and then, they would compare the 15 available dose to what you're asking to go in that R??P. If 16 it says 300, it has to be less than the available dese. 17 There are even more procedural practices built up 18 because the dosimetry technicians may not have the knowledge 19 ccmpared to the RC Foreman, or what have you, we wadt nore 20 centrol. 21 If you have 500 available and you have to have 300 22 to no in, then they would not accept you to go in. You
.s 23 have to have twice the available than what the RMP calls for 24 for the technician to allow you to go in. If you don't have
{) 25 it, you have to come around to the window and have the PC Acme Reporting Company
.. 83 1 Foreman to quiz you and sign the chit to yes indeed, go
( 2 ahead and let them in. We had a very tight access control 3 program. 'N 4' After going through all this, you have the dosimetry, 5 you know what the conditions of the job are, y'ou know what 6 the protective clothing requirements are, and you gain access 7 by the computer continuously tracking this, and also, we do 8 it annually. , 9 You change out into your clothing--by the way, when 10 you enter containment, it always requires protective clothing 11 of one sort or another--you get dressed and proceed to the 12 centrol point of the dome or containment vessel itself, and 13 there, they put a piece of t. ape on your back, your name, and { 34 RG and the allowed dose. 15 That tells people like myself, the technicians which 16 we had up to ten technicians in the containment constantly 37 with a minimum of four or five all the time, health physics 3g trained technicians, what the RMP is, and if somebody is 39 standing around and it appears that they are in the wrong 20 R"P, you can see what they have signed in on and if they are 1 itering, we ask them to please leave. It also tells 21 g what their allowable dose is, so when they're working, the g technicians will go around periodically and say, 'Let me ! read your dosimeter." They'll read it and if you're getting close to your allowable dose for that entry, say if it's Acme Reporting Company
.y <
.. 84 1
300 and that person has 200, they'll say, "You~re going to 2 have to stop work and go out because you're.getting too close, 3
,, to your entry dose." 11e had a lot of controls in place just > t '. -; -
4
-to go to the work site itself.
5 Then, once you get to the work site, in the purp. bays, 6 we had continuous HP coverage around the clock because of the 7 high radiation exposure levels compared to other parts.of 8 the plant. - 9 O Mr. Blackburn said that he was not concerned about the 10 cuarterly dose linits. He was concerned with sorething 11 called acute exposure. That is what he said, that he did not 12 werk because of acute exposure. Do you know what he is G (' 13 talkine about? 14 A t' hen you talk about radiation exposure and the 15 hielogica? effects, there are really two types of how you 16 receive radiation exposure -a:td it has to do with the time 17 eierents. 18 The acute dose is when you receive the exposure in a 19 short tire. Chrcnic excesure is small arounts over a long I 20 period of tire. , 21 For the dose limits set by the federal government and l 33 the exposure rates within those limits, there is no evidence 23 that says whether you get it chronically or actutely, there 24 will be any different effect on your biologically or later 25 on in life. Acme Reporting Company
.4 85
**" Q Does.the NRC have.a provision established to limit 2
acute radiation exposure? 3
. ,,. , A Well, the limi s are the dose limits. You can not get
'!)'
4 more than 3000 per quarter for this work crew. It doesn't 5 . matter. The NRC Doesn't care whether you get it in one minute, 1000 minutes or a quarter, so there is no time-frame limit. 8 O Does CP&L have such limits? 9 A On the books, no they don't, but in fact, we do. The 10 higher the exposure rate, the tighter the controls and we 11 even have areas where the exposure rates are so high that you. 12 can only stay for a couple of minutes. We typically do not 7..s * { 13 ask individuals to go into that area. Ue core up with cther I4 means to do that type of work. The area within the punp bays 15 do not fall within those limits. 16 Althought they are considered as locked high radiation 17 areas, which is any area greater than 1000 millirem in a given 18 hour that you're in there that you could receive, that is 19 not considered an especially hazardous area, which would be 20 60,000 millirem per hour, so it's way below that number. 21 O "as there any way from what you have described here, 22 that Mr. Blackburn could have received a radiation dosage , g. l %. I 23 above the limits established by CP&L's quarterly limit? (, 24 A Not in the conditions we have looked at, based on Mr. 25 Blackburn's testimony of what jobs he was possibly going in ! Acme Reporting Company
86 i~ on. I think there is one piece of evidence, and'I don't have 2 the number of the document, that addresses this. 3 O Did you~ have occasion to review the crews that worked Vl.' 4 in the dome on September 5th? 5 A Yes, what we looked at was--let me see. 6 0 I will hand you Respondent's Exhibit Mo. 8. 7 A Yes, I prepared this document based on the dosimetry 8 records and the computer system. and those records.within our 0 records vault. These are the two crews that Mr. Slatten.gave 10 to me who were working in the radiation control area for this 11 period of time, the end of August to the first week in 12
. -w ,
Sectember.
- Uhat I did was looked at 'these names and what o
- 13. doces these people picked up on September 4th and 5th.
14 The highest dose anyone picked up was 75 milliren. 15 That was for maybe up to ten entries for those two days 16 period of time. 17 75 millirems ccmpared to 1600 nillirers for the 0 18 cuarter. Is that right? 19 A Yes, that's correct. And that's typical if you're 20 workin in the purp bays for any length of time. 75 is a 21 typical number. This individual is probably approved to go 22 to 150. But, there were four individuals working in those 23 crews those t.'o days and their doses range from 25 to 75 m 24 millirer I also have their cuarterly dose on here, and (/ . 25 their yearly dose. The highest quarterly dose was 1693. The Acme Reporting Company
. i
.. . 87
-1 highest yearly dose was 3409, both by individuals other than l(' 2 the four who went in on those two days.
3 Q The four who went in on those two days, one of those
't'ij'- -i .
4 people who went in should have been Mr. Blackburn? 5 A Yes, I presume. The reason I believe that Mr. 6 Blackburn was asked to go in--and we don't know for a fact 7 which job he was asked to go in on--during that stage of the 8 outage, we had completed the steam generator replacement 9 project for the most part. We had rewelded everything back I 10 tocether, reinsulated r.ost of it and we had to do a 11 hydrostatic or hydrotest of it. 12 Mhat you do is fill it up with water, turn on the n (' 13 pumps and see if it leaks, bring it up in pressure and , 14 temperature. 15 To de that, you have to, for one thing, remove all the 16 shielding on the piping. That is even a greater safety 37 concern because they're not designed to operate with lead 18 hanging on them. 19 The utage logs show for those days, there were two 20 m deifications. They needed sore electrical work crews to 21 continue this filling of the reactor ecoling system to 22 perform this hydrotesting.
\'
The two IFP's for that--and they have been entered as exhibits--were 2548 and 2691. So, I used that information to (_]) 24 3 determine what individuals went in from the electrical crews
, Acme Reporting Compony
l
.e 88 r9 to work on those jobs for those days, and that's how I 2
arrived at the doses for those two days. 3 Q Do centract workers such as those for Metric have access to CP&L health physics personnel? 5 A Most definitely. Like I said, there are technicians 6 in the field who are there, and that's why they are provided. 7 Technicians are provided as continuous coverage people to 8 direct workers and to answer their questions in the field 9 with specific situatiens on their jobs. 10 0 So, an electrician such as Mr. Blackburn could have 11 talked to you or someone like you about his job? 12 A !!e could have talked to the technician on the job. 13 I?e could have talked to the foreman prior to entry or at any 14 other time. I:e could have talked to myself or the other RC 15 Superviser. On several occasions, Floyd himself, ashed me to 16 talk to some of his workers who had for whatever reasons, some 17 concern about radiation exposure, whether it be exposure, 18 contaninction or what have you. That is sonething that wo 19 encourace people to talk about. A lot of people have a lot 20 of misunderstandings and misgivings about exposure and 21 contamination and radiation and that is what I'm trying to do, 22 to understand the physics behind this and to explain to ; 23 people what it's all about. 24 0 You heard Mr. Blackburn say that his clearances had 25 been lifted and that he could not talk with the NRC. Do you Acme Reporting Compony
.... 89
,g 1 agree with that statement?
/
2 A Mo, I do not. The NRC' Office is outside iof the i 3 security area, the protected area. Anyone can gain access '- ~ 4 to the NRC simply by going to the front guard house and i 5 saying,"I'm.a resident or a former employee, or I'm an 6 employee and I would like to talk to the NRC." They-would 7 probably call the NRC first and say,."There's an individual
- 8. here to talk to you." So, if his contention was that his TDL 9 and security badges were pulled because he was terminated, 10 that should not have precluded him from talking to the NRC.
'11 It is against the law for us to prevent anyone from talking 12 with the NRC. * ?'~ .
13 MR. EURDCTTE: Mothing further. ({ ' y JUDGE VON 3 RAND: Cross Examine? 15 CROSS EXAMINATION 16 0 (by Ms Burnette) Mr. Meyer, in talking about the , 37 temporary shielding, you described it as something like steel 18 w 1. Is that the texture of it? A Yes, it looks just like that. It's in plastic. g It's 20 sewed in between strips of plastic with holes so it can be hung or wrapped or what have you. It is not pliable and it 22 is nnt coine to form itself well to whatever the source of
- ^'
the radiation is. 23 (, ) 24 O You stated that the difference between a radiation source with or without shielding might go from two millirens Acme Reporting Company
7 L - L 90
,#D per. hour to four millirems for an hour?
2 A Yes, the more shielding you put on, you reduce the
... exposure, or rather, the exposure rate.
W: 4
- Q So, if the exposure rate was 200 millirems per hour, 5
you might get 400 without the shielding? 6 A That's correct. 7 O Then, admittedly, there is a great difference or 8 there could be a great difference in the amount of radiation 9 without the shielding? 10 A Richt. The exposure rates will vary with or without 11 the shielding, that's correct. 12 m 0 Are you in the dome very often? 13
,{ A yes, 14 0 You have technicians there who monitor the amount of 15 radiation received by the workers while they are in there?
16j A yes, 17 Fave you ever found a technician sleeping in the done? Q 18 A ::c, we did not. Pecple have been accused of it, but 19 I have never personally found anyone asleep. 20 0 But, people have been accused of it? 21 7 Yes. 22 O How old are you, Mr. Meyer? 23 A I'm 30. ( 24 Q Have you ever met Mr. Blackburn before today? 25 A I don't believe so. Acme Reporting Company
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~.* 91 1
l pp. 0 Did you realize this was the first nuclear facility 2 he had worked in? 3 A I do, yes. I didn't before reviewing the record, but (,s" " 4 he didn't have any lifetime exposure prior to Robinson, so 5: I assume so. 6 Q You have heard testimony indicating that he had worked 7 there six months prior to the time he was terminated? 8 A Yes. 9 0 You also stated that this area to which he was to be 10 assigned was a locked high radiation area? 11 A That's correct. 12 Q But, you did not know exactly which part of that area f's 13 he would be assigned to. Is that correct? {' 14 A That's correct. I only' assumed, based on his statement 15 that he filed with the Department of Labor and our record 16 keeping of knowing where Mr. Blackburn was when he was there 17 and where the other members of the crew had gone during these i 18 days in question. 19 Q Do you have any docunents here, that show the range of 20 rillirems that were being given off in these locked areas 21 durine that time?
. 22 A Yes, we do.
23 0 tchat are the highest and lowest ranges that were being 24 given off? 25 A Here is the routine surveillance report for September Acme Reporting Company
L .. 92 4 1 fifth, which has everything but the pump bays and we have 2 these, which we have submitted also as exhibits. 3 O Have you looked at this lately? C V$ 4- A I have. I reviewed it and signed it, as a matter of 5 fact. The exposure rates in there vary. Depending on the 6 eVosure rates, you have different requirements to gain access 7 to the job. Certain areas must be either maintained locked I 8 or continuous coverage must be providet. . 9 The pump bays, when no one was in there, were 10 maintained locked. When someone was in there, that's why we 13 kept a health physics technician in there. 12 There'are four types of surveys, basically. Take this 13 r m f r example. If y u were g ing t w rk en this table, g we'll take a contact radiation reading, which is the highest 15 pcssible exposure rate from working on that piece of equipment. 16 17 Obviously, you are not going to be--most work is not 18 ne in contact with the equipment, so we take an 18 inch readinc because that is approximately where your chest or yn y 7 . e en y u a e g n somet a g. 20
'ce t'.en smear this to determine the amount of dust or contamination available to get en your clothing or skin or into the air, and we pull an air sample.17e suck up a known vclure of air from this area while you are working and prior to your :^rking and determine how nuch activity is in the air l
l , n_ m m_-
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- .*- 93 I
that you breathe', 2 O Talking about acute doses, are you familiar with 3
. , , Respondent's-Exhibit No. 1, the General Employee Training 2[C7 4 Manual?
5- 3 7.m familiar with it. 6 Q Are you familiar with that on page 42, it talks about 7 actute doses?
'8 A I suspect'that it would talk about it somewhere 9
within the document. 1 10 Q It defines an acute dose as being the result of i 11 receiving a very large dose of radiation exposure in a 12 .relatively short period of_ time, usually less than 24 hours? 13 A That's correct. 14 Q It goes on to say in this table here, for instance, 15 if you received 20 to 25 rems-- 16 A Yes, 20 rems would be 20,000 millirem. '?e have been 17 talking about millirem and that is 20,000 or 25,000 millirem, 18 well above any federal or CP&L limit. 19 0 You would have minor blood changes? 20 A That is the first observable biological effect, at 21 20,000 or 25,000. 22 O Between 5 and 20 rers, there would be more changes. 23 MR. BURDETTE: Objection. Counsel is not reading the m (/ 24 chart correctly. 25 MS BURNETTE: Your IIonor, I believe I am. Acme Reporting Company
. i 1
1
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/f) JUDGE VOMBRAND: Why don't you show that to the 2
witness and ask him? 0 (by Ms Burnette) Uould you please read here? 4 A It says, effects of acute radiation dose, and it is a 5 table with dose in one column and effect in the other column. 6 From zero to five, if you were to receive it within a 24 hour 7 period, there would be no observable changes. 8 From 5 to 20--and let's make sure that we're clear 9 here, all the limits I have talked about have been millirem, 10 so from zero to five, a milliren is one thousandth of a rer. 11 This is 5000 to 20,000, slight changes seen in the 12 laboratcry, maybe some chrcmosome aberations or what have you. 13 Can you tell us the range of millirers in the area 0 14 to which he was to be assigned? 15 A Well, he would have entered the containment. 16 MR. EURDETTE : Well, Your Honor--? 17 JUDGE VONBRAND: " hat is your objection? 18 MR. BURDETTE: My objection is that the witness should 19 testify as to apples and apples, and not apples and dough nuts 20 Your Honor. This table that she as questioning from shows 21 rers. A millirem is one thousandth of a rem. 22 MS BURNETTE: Your Honor, I understand that. 23 JUSGE VOHBRAND: I think this witness can keep it 24 straight. Proceed. ( 25 THE WITMESS: Yes, sir. I think an important point Acme Reporting Company
l l . 95 f needs to made here, too. Those are the dose limits. Your ({} 2 question is the exposure rate and there is a big difference. 3
,. Where you enter the containment, the hatchway.,.so to j
%F. 4i
' speak , based on this survey record, on the platform immediately 5
- after entry, the exposure rate is ten millirem per hour.
G You then, walk down the steps and enter a ten millirem 7 per hour e qposure field. You walk around this area and enter 8 into C and B pump bay, which is where I believe,!!r. Blackburn 9 would have been asked to work. 10 0 Eut, you do not know where he was going to be asked Il te work? 12 I only know where his fellow workers--well, we don't A
.( 13 know where he would have worked because he didn't go in.
14 0 At the time he was fired, he did not know where he 15 was goirg to work? 16 A That is what he has said, yes. 17 Could you find on that sheet, the maximum exposure Q 18 screone might have gotten from going into this area? Is 19 that possible to say? 20 A You have to tell me which area. Then, we can talk 21 about what the exposure rates were, and then, we talk about
- 22 how long the individual would have been asked to go in there 23 to receive the dose.
( 24 O Ee do not know how long he would have been asked to 25 stay in any particular area, though? Acme Reporting Company
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- 1 A No, we don't. All we do know is what other
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( 2 individuals picked up and the fact-that no one exceeded any 3 dose limits during the whole project. 4 g ife do not know where he was going to be assigned, so 5 out of that whole stack of pages, he might have been assigned 6 to any of those areas. Ccrrect? 7 A Fell, I can't answer that. Based upon the work that g was going on, we have a good idea of what he would have been 9 asked to do, I think. 10 JUDGE VONBRAND: 11 hat exhibits are you basing that 17 opinion on? h* hat are the exhibit numbers?
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12 TI!2 h'ITNESS: B sed on Respondent's Exhibit 8, which O) is the list of the two electrical Crews, the dose they 14 picked up on those two days, what their quarterly dose was 15 fr m working there from approximately July to September of Y' * "
- Y'*Y0 **
16 g O (by Ms Burnette) You are basing your opinion on 8 inf r=ation that was obtained after he was terminated? A That's correct. O Think about information that was available to him and 21 others crior to the tire he was
- terminated.
22 A This would have been available to him, as costed ' v outside of the area. This is Respondent's Exhibit 4. 23 It would have been posted. {] 24 0 I am trying to find out the maximum range that someone 25 Acme Reporting Company
97 I?) might have been exposed to. Can you tell me that? A On Map Number One, which is the first level of the CV, 3
, , the range goes from 8 millirem per hour to 24 millirem per 5 55 4 hour, so if they would have stayed in there an hour, they 5
would have gotten that does. 6 On the first level CV Map Number Two, the range goes . 7 from less than 2 millirem per hour to 10 millirem per hour. 8 On Head Storage Area Map Number three, the range gces from 1 9 less than two millirem per hour to eight millirem per hour. 10 On the first level Map number four, the millirem per 11 hour reading for 18 inches goes from 2 millirem per hour to 12 25 millirem per hour. O{ 13 On the second level CV Map number Five, the range 14 goes from less than two millirem per hour to six millirem 15 per hour. 16 The second level CV Map number Six, the range on this 17 goes fren two millirem per hour to 24 millirem per hour. 18 Third level CV Map '; umber Seven, the range goes from less l 19 than two milliren per hour to four millirem per hour. I 20 Third level CV Map Nurber right, the range is less 21 than 2 milliren per hour to 8 millirem per hour. Third level 22 CV "ap Number Nine, the range is frcm less than two millirem s .. - 23 per hour to two millirem per hour. s (_ ) 24 0 Do you have informaion on the millirers per hour which 25 would be given off under the floor in B or C pump bay? Is l l l Acme Reporting Company
98
/S that included on this map?
() 2
~- A No, it's not.
3
- Q ,' Do you have information on that?
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-A Under the floor?
5 0 ' Yes. 6 A There is nothing under the floor except ground of B , 7 and C pump bays. There is a sump area below the reactor and 8 there are. areas below the pressurizer. But, I believe that 9 the area that the crew that'Mr. Blackburn was asked to sign 10 on went below the pressurizer. 11 Do you have information on the millirems there? Q 12 A Yes, we do. I can point It is in another exhibit. m. (' 13 it out to you, if you like. 14 0 Here, see if you can find it? l 15 7, Me have September fourth and September fifth survey 16 readings. In the area going up to the platform to be working 17 on this one jcb that I believe Mr. Blackburn would have been i 18 asked to work on, the 18 inch readings are 20 millirem per 19 hour to 300 millirem per hour. 20 0 Up to 300? 21 A Yes. That is Exhibit 10. This is Exhibit 9, on the
, 22 fifth, the surveys from September fifth. In that same area, 23 the readings range from 15 millirem per hour to 130 millirem 3
per hour. I would like to qualify something about survey (/ 24 25 rendings: They may or may not be done by the same individual Acme Reporting Company
I
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99 I every day. They may or may not be done on the e::act same 2 location, so they will vary depending obviously, on where 3 v
~ou take the exposure rate.
h .M*. > 4 O So, if it says 250 on one day and 300 on another day? 5 A What you have to do is look at the specific points. 6 It may have been on one side of the room one day and on the , 7
.other day, it may have been on the other side of the room.
8 He'are not talking about specific points, we are just giving 9 the range within that room. 10 0 So, the 150 reading was taken on this side of the room, 11 and you walked over to the other side of the room, you might 12 get 300. Is that right? ( 13 A That is correct. 14 Q In that all for that one? 15 A Yec. it is. There are other surveys for other pump 16 bays as a part of these exhibits. 17 Q Do you know Richard Miles? 18 A No, I do not. 19 0 Did you know that he was a Quality Control Technician? 20 A I did not know that until I read it. 21 0 You have received extensive training in this area, 22 have you not?
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23 A Yes. 21 O You have also had a great deal of e::perience in working 25 with radiation. Correct? Acme Reporting Company
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' 100 A Approximately ten years, yes.
.f9f 2
g You listed. details on what you know about it and how 3 - it works?.
,w., ,
, w, f A Yes. 5 0 You heard testimony that Mr. Blackburn has only a 6 high school education? . 7- A Yes. 8 g .. He.had only worked at this plant for about six months 9 and you would agree that you have a whole lot more experience-10 than he:does, would you not? s 11 A More knowledge.. I don't have any more information I 12 than he aces. That's why we post these things. We' train
< ~s J' 13 individuals..
14' O You have the background to understand exactly what 15 this information means. You have a broad. background. Isn't 16 the.t true?
- i 17 A Yes, that 's true . l 18 0 Do you find that workers' fears are calmed once they 19 get more information?
20 A Yes, that's true. 21 0 '.'ould you believe that a worker could look at some of r - 22 these readings and be told by a Quality control Technician, 4 23 "I wouldn't go in there if I were you?" () 24 '!R . DUP.DCTTE: Objection. 25 MS .EUoNETTE: And have a reasonable fear that it would < Acme Reporting Company
m".*- 101
.7h not be safe?
2
. JUDGE .VONP,PAND : What is the objection?
3 jy. , MR. DURDETTE : There is no testimony here about any s ' .n
% 4 conversation with Quality Control Technicians.
1 5 MS DURNETTE: Your Honor, I believe there has. . 6 JUDGE VONBRAND: I will overrule the objection, and . 7
.you can renew it, after reviewing the transcript, if'there 8
are grounds. Proceed. You may answer. 9 ' Q '(by Ms Burnette) Do you think he might have a 10 reasonable fear for his safety? 11 A That's a matter of what reasonable is. Workers and 12
. us are always. talking to each other. I don't know if I'd O 13
..( call it reasonable. I can see where sorecne could be fearful, 14 yes.
15 Q Uc might could bring those concerns te his fereman? 16 n yes, 17 q Mould you believe that if the foreman had checked out 18 the information and brought back more information and 19 atteupted to calm his fears, that might have worked? Have you 20 had that experience in working with these people? 21 A Yes. 22 MS DURNETTE: No further questions. l 6
..v l 23 JUDGE VOMDRAND: Redirect?
24 REDIRECT EXAMINATION 25 9 (by Mr. Durdetto) Had Mr. Blackburn gone into the Acme Reporting Company
4 102 dome on September 5th, he would have had a patch on his back 2 which would have stated the amount of radiation that he would 3
. have been permitted to be exposed to during that day?
s.; - 4 A That is correct. His entry dose limit that day. 5 q That would have been below every MRC or other lawful 6 and legal limits for radiation exposure. Is that not correct? . 7 7 That is correct. 8 0 Fould there have been monitoring taking place in there 9 to make sure that limit was not exceeded? 10 A That's correct. There was continuous health physics 11 coverage in the pump bay. 12
? Se, despite Mr. Blackburn's high school education, and
.w
{' 13 he knew that was a fact, right, he did not have to read these 14 things, he would have known that there was monitoring and 15 that his radiation exposure limits were assured not to have 16 exceeded the limited dose? 17 A Yes, he should have kr.swn. l 18 MR. BURDETTE: Thank you. 19 JUDG2 VONBRAND: You are excused. 20 (Tha witness was excused). 21 JUDGE VONSRAND: Do you have other witnesses? 22 MR. RURDCTTE: Mo other witnesses. 23 JUDGE VONBRAND: Do you want a recess? () 24 MS SURNCTT : Just five minutes , Your !!onor. 25 JUDGE VONERAND: Off the record. A'eme Reporting Company
4p . 103
,Q .
(A five minutes recess was held). I h- 2 JUDGE VONBRAND: On the record. b'e have discussed 3
^ ' A; our briefing schedule and both sides are agreeable to filing-w 4 their briefs on February' 15,.1986.
5 There'being nothing further, this hearing is . 6 adjourned at 12:30. Thank you very much. - 7 p.hreupon, the hearing in the above-entitled matter 8 was adjourned at, 12:30 p.m.). . 9 10 11 12
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REPORTER'S CERTIFICATE C 3 DOCRET NUMBER? 86-ERA-4 4 CASE TITLE: Paul A, Blackburn 3 HEARING DATE: December.16, 1985 6 LOCATION: Columbia, S6uth Carolina 7 8 I hereby certify that the proceedings and avidence l l 9 herein are contained fully and accurately on the tapes and 10 notes reported by me at the hearing in the above case before f 77 The United States Department of Labor 12 and that this is a true and correct transcript of the case, _ n. I 13
- v 14 Date: December 21, 1985 15 l ~
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18 Official Reporter ACME REPORTING COMPANY, INC. ig 1220 L Street, N.W. l Washington, D.C. 20005 20 21
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