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{{#Wiki_filter:I 1                                UNITED STATES OF AMERICA 2                          NUCLEAR REGULATORY COMMISSION 3                                          + + + + +
4                                OFFICE OF INVESTIGATIONS 5                                          INTERVIEW 6
7                      ------------                    x 8          IN THE MATTER OF:
9        .INTERVIEW OF:                                    Docket No. 1-2003-045 10 11          (CLOSED) 12                                        ------------x 13 14                                            Thursday,      June 10 , 2004 15                                            Human Resources Department 16                                            Building TB2 17                                            Salem Hope Creek Nuclear Station 18                                            Hancock's Bridge,      New Jersey 19 20                            The above-entitled interview was conducted 21          at 9:46 a.m.
22 23          BEFORE:
24                            Special Agent JEFF TEATOR
        -25.
Information It thiS r&mas deleted inaccordance jith the Freedom of Information      NEAL R. GROSS Act, exemptio S /X=C              '      -OURT  REPORTERS AND TRANSCRIBERS FOIA-          Iio's-/ 9-y1323 t/                    RHODE ISLAND AVE., N.W.
(202) 2S44433              WASHINGTON, D.C. 20005-3701      www.nealrgross.com
 
1  APPEARANCES:
2 3  ON BEHALF OF PSEG AND(
jL-4              JEFF KEENAN 5            Assistant General Solicitor 6            PSEG Services 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1                        PROC E ED I NG S 2                                                                (9:46 a.m.)
3                    SPECIAL AGENT TEATOR:                Today's date is 4    June 10, the year is 2004.          My name is Jeffrey Teator.
5    I'm a Senior Special Agent with the NRC's Office of 6    Investigation.          It's    approximately          9:46    in      the 7    morning.
8                    This morning,        I am doing a reinterview of 9                          This interview is taking place in the 10    Human Resources Department,              in  the Building TB2,            at 11      Salem Hope Creek Nuclear Generating Station.
12                                    this is      a reinterview of you.
13    Again, it's    voluntary.      Knowing it's        voluntary, do you 14    wish to go forward?
15                                      Yes.
16                    SPECIAL AGENT TEATOR:                Okay. And do you 17    have any objection to providing sworn testimony?
18                                      No,    not at all.
19                    SPECIAL AGENT TEATOR:                Raise your right 20    hand for me,    please?
21                                        do    you      swear    that        the 22    information that you are about to provide to me is the 23    truth, the .whole truth and nothing but the truth?
24,Yeiis 25                    SPECIAL      AGENT    TEATOR:        Okay.      You're NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1  represented          by    counsel        today.          Counsel        is    the 2  representation the same as. it                  was during the initial 3  interview of 4                      MR. KEENAN:            Yes,      it's    the        same 5  representation.
6                      SPECIAL AGENT TEATOR:                Okay.-                  is 7  that your understanding?
8                          *)Yes,              it  is.
9                      SPECIAL AGENT TEATOR:              Okay. You want to 10  go forward with counsel present?
11                                        Yes.
12                      SPECIAL AGENT TEATOR:              All right.          Okay.
13  You're        still    considered        a    fact    witness        in      the 14  investigation.              Although        you      were    involved          in 15  discussions          and  directions        given      to    you    by      your 16  managers,                                                  about moving up 17  Kim Harvin's          last day here,          at this point,          I    still 18  consider you a witness in                the investigation.
19                                        0 a 20                      SPECIAL AGENT TEATOR:              All right.        I want 21  to talk about a couple of areas if                    we could to kind of 22  finish up here on the March 18 through March 28 time 23  period.
24                                        Sure.
25                      SPECIAL AGENT TEATOR:            So that's where I'm          m 4 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433              WASHINGTON, D.C. 20005-3701          www.nealrgross.com
 
1  going to begin.          Now, you testified to me earlier that 2  on March 18,        2003      there was a meeting during which 4                                            d you had a meeting 3                                                                            after 4  a meeting involving a larger group of HR people;                              is 5  that correct?
6 7                      SPECIAL AGENT TEATOR:                And you testified that during this          meeting between                                    and 8
9  yourself,      you were directed by them to move up Kim's 10    last day.
11 12                      SPECIAL AGENT TEATOR:                  Is that correct?
13    And the direction was that her last day was to be that 14    Friday, March 21,            2003; is      that correct?
15                        IYes.                    I think the conversation 16    was,      "Make it    happen by the end of the week,"                  which 17    would have been the 21st.
18                      SPECIAL AGENT TEATOR:                  Okay. All right.
19    Now, did you communicate the direction to anybody down 20    here at the site?
21                                            I can't remember a specific 22    conversation,          but    it    sounds    like      something that          I 23    would be talking to 24                                          about the date being the 21st 25    of      that    week,      but    I  don't      remember    a  specific
                                                                                        'U, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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6 1  conversation.          As I looked at my calendar week,                    that 2  was    --    well,  the whole month was the month of hell, 3  but that particular week was very,                        very busy.          The 4  '19th we        had    an  offsite,      we  were      at  the    training 5  center.        I had an arbitration prep on the 20th and, 6  like I said, an IR meeting.                  So I'm not sure if            I had 7  a specific conversation wit                          o            about what 8  I was asked to do.
9                      SPECIAL AGENT TEATOR:                Can you tell          me 10  where you were at on the 19th or March 2003?
11                                        sure.
12                      SPECIAL      AGENT    TEATOR:          I  mean    you're 13  looking at your calendar.                  Where were these meetings 14  on the 19th?
15                                      )Okay.        The 19th,      this is        out 16  at the training center.
17                      SPECIAL AGENT TEATOR:              Okay. In  Salem.
18                                        Ys 19                      SPECIAL AGENT TEATOR:                The backside of 20  Salem.        All right.
21                                        Yes.      So these were a series 22  of      meetings        for    Ch mistry        and      Ops  which        were 23  characterized          as an intervention.              So there were a            /6_
24  number        of issues between          Salem Ops and the Union.
25  Same way with Salem Chemistry and the Union.                              So we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433              WASHINGTON, D.C. 20005-3701          www.neatrgross.com
 
7 1  had set up well in advance of this a meeting to try to 2  resolve some of those differences.                      So as I remember, 3    _      and                were    down,      we    had    the      station 4  management,                                                myself.        So as I 5  looked around        --  or trying remember around the room, 6  there were quite a few people,                maybe 12,        15 people or 7  something for these meetings.
8                    SPECIAL AGENT TEATOR:                  Right.        I  guess 9  what's bothering me a little                bit is      --
10                                        Sure.
11                      SPECIAL      AGENT    TEATOR:            --  why      --    it 12  doesn't        appear    that    any    --    that      you    took      any 13  substantive action to make that happen by the 21st, by 14  the end of the week,              that meaning having Kim's day 15  moved up by the end of the week.                        I'm looking for an 16  explanation          there,        and    I'm      --      what    is      your 17  explanation?          I'm just thinking to myself,                and hear me 18  out,    you're being told by the 19                  .)your told by your immediate supervisor,                            )
20            1 )to  make this happen by Friday.                    All right.
21  Fine.        I mean everybody's busy all the time,                          and I 22  understand that,          but --    and I'm not being            --    I'm not 23  looking to be critical of you.                    I'm trying to get an 24  understanding of what you did to make that happen, and 25  if    it  didn't happen, why?            Well,      it  didn't happen.
NEAL R. GROSS                                            .
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8
                                        )Right.        That's a fact.            I did 2  --  like    I  said,    it  was  an extremely busy week,                    and 3  sometimes        I'm a little        head strong or whatever you 4  want to call it.            So if  I'm looking at my schedule and 5  say I can't make it            happen this week,            it's  Monday or 6  Tuesday is        just as good or whatever.                  I'm not saying 7  I made a conscious decision to ignore what they told 8  me to do.        All I'm saying is that I got tied up in the 9  week and it        didn't happen like it              was supposed to.
10                      SPECIAL AGENT TEATOR:                Did you make any 11  attempt to telephone Kim to tell                    her about that?
12                                        No.
13                      SPECIALAGENT TEATOR:                Why not?
14                        -9                  Because        it    would      be      my 15  responsibility to be here.                  And tell        you candidly,            I 16  wanted to be here or around when that was happening.
17  I knew it        was --    or I believed it            was going to be a 18  difficult separation,              and I wanted to be here to make 19  sure that if        I didn't oversee it,            I was certainly here 20  and available.
21                      SPECIAL AGENT TEATOR:                Why did you think 22  that it        was going to be a difficult separation?
23                                        I got a sense through all of 24  this that Kim did not want to leave,                        and I think she 25  was making every effort                  through her communications                      K NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433            WASHINGTON, D.C. 20005-3701              www.nealrgross.com
 
9 I  with                          d everyone else that it                was her        7 2  belief that she was needed,                  she should stay,            and I 3  believe that she was going to work very diligently to 4  make that happen and for somehow to stay and remain 5  with PS even though the decision had been made,                              like 6  I said, months ago that she was going to be separated.
7 And        that    pretty      much      bore        out    through          the 8  conversations          through that week,            the next week,            and 9  the day before she was supposed to leave she said,                              "I 10  can't leave.          I got more things fromwko-do," and 11  whether the word is            "directive" or whatever is I said, 12  "No,    Kim. Today is your last day,              and we'll stay and 13  we'll make that happen."                It  was originally scheduled 14  for 10:30      in  the morning on Friday and she kept on 15  procrastinating and procrastinating,                      and I told 16                        said, "We're staying till            midnight if we 17  have to because this is happening today."
18                      SPECIAL AGENT TEATOR:              Right. Okay.      Does 19            handle    most    of    the    final      meetings      with      the 20  employees when they're separated?                    Does she do most of 21  those?
22                                  .'0.MI                      or both.
23                      SPECIAL AGENT TEATOR:                Okay. So then my 24  question is        going to be,        all right,        you're busy both 25  Thursday and Friday.                You're not getting to making NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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10 1  that happen.        Why didn't you have or direc t(                              or 2        /o    have that communication with Kim Harvin?
3                                        )Because      you usually want to 4  have that conversation                  too far in        advance of their 5  actual separation.
6                    SPECIAL        AGENT      TEATOR:          Well,    you're 7  talking two days,            though.
8                                          es.
9                    SPECIAL AGENT TEATOR:                Okay.
10                                      . And    I  wasn't    here on        that 11  Friday,        so I had an      --  on that Friday,        the 21st,      I had 12  an arbitration up in Mount Laurel,                        so I wasn't there 13  that Friday.
14                      SPECIAL AGENT TEATOR:              You weren't here at 15  all that Friday.
16                                            No.      No.      In  fact,      if    I 17  remember right,            I think I called *              ) to set up the 18  meeting with Kim, I think it                  was, the following Monday 19  or something.
20                      SPECIAL AGENT TEATOR:                Right.
21                    MR. KEENAN:          Would it    be helpful to try to 22  ascertain            UV-#V                  )schedule during that time 23  period?        I mean that's          something that we haven't --                I 24  don't have.
25                    SPECIAL AGENT TEATOR:                  Right.
NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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11 1                    MR. KEENAN:        I  don't know how hard it 2 would be to obtain but that might help refresh your 3 recollection on whether they were available.
4                                      Wel, el      you can look,        but I'm 5 just telling you I don't remember directing                                      r 6 7        )o    do that.      So I mean you could look at their 7 schedule,        but I'm not laying it            off that they weren't 8 available.
9                    SPECIAL AGENT TEATOR:                Right.
10                    MR. KEENAN:        My simple point was if                you 11 knew at that time period that they weren't available, 12 that might have been a reason why you wouldn't have 13 contacted them.
14                    SPECIAL AGENT TEATOR:                Yes. Okay.
15                    MR. KEENAN:      But I simply don't know that 16 one way or the other.
17                    SPECIAL AGENT TEATOR:                Right.      I    might 18 want that.        Let me think about that,              okay?
19                    MR. KEENAN:      Yes.
20                    SPECIAL AGENT TEATOR:                See,  I'm just --
21 I'm not struggling but I want to have a clear answer, 22 and I need a clear answer that the decision to move 23 her up was made on the 18th.
24                                        Yes.      I  don't    know how to 25 assure you.'        I personally know that that's                when the NEAL R. GROSS                                        :
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12 1  decision was made, but I mean I don't know how else to 2  reassure you of that.
3                  SPECIAL AGENT TEATOR:                Okay.      Now,      you 4  said you attended a meeting on the 19th, March 19th, 5  and we had a discussion prior to going on the record 6  about that.      Can you go ahead and tell              me how that's 7  relevant to what we're talking about today?
8                                **Yes. I believe it's        relevant 9 because it      was about Kim's assignments being over and 10  her not recognizing that her assignments are over.                            So 11  on the 19th, as I said earlier, there was,                  I'll    all it 12  an intervention.          There were two interventions,                    one 13  for      Chemistry  and    one    for  Ops.        so  you    had    the 14  management for both in            attendance at those meetings, 15  one at 7:30 to 12,          and the other one started after 16  lunch.
17                    SPECIAL AGENT TEATOR:              You're looking at 18  your calendar.
19                                      Yes. Yes.
20                  SPECIAL AGENT TEATOR:                Okay. Go ahead.
21  And as I recall, Kim showed up.                So this is outside of 22  the training by the        --    well, you don't know the area, 23  but      Training  Department,        right        outside      of      the 24  cafeteria there.        The room was immediately next to the 25  cafeteria,      and  Kim      is  there    in    advance    of    these NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1  meetings.        So I, I think i    ittw was        a      no 2  look around and say,              "Well,    what's she doing here?"
3  "I    don't know.        I didn't invite her."              And then 4 .          .aid,      I'll take care of it."                  /ent      and he 5  talked to        Kim and basically he                told her that            she 6  wasn't welcome in            the meeting,        and she didn't attend 7  the meeting.
8                      SPECIAL AGENT TEATOR:                Okay. If  you saw 9  Kim there at that meeting,                  why didn't you take some 10    time to go tell          her about the decision to move up her 11  date?
12                        ,1                I don't know.        I didn't think 13  about it.        But it    would have been the next day; yes, 14  you're right.
15                      SPECIAL AGENT TEATOR:              Well, you were told 16  the day before to make it                  happen by the end of the 17  week,      and then you see her on the 19th at this meeting 18  out      in    the Training Center,            so I'm looking          for an 19  explanation as to why you didn't tell                        her then.
20                                          Because I couldn't --            I mean 21  as I'm looking at this calendar,                    I couldn't make that 22  happen.        I wasn't here for Friday.                If I'm tied up all 23  day on the 20th, I don't know that I could have made 24  it    happen.      Like I      said,    I wanted to be available, 25  much as I was on the following Friday the 28th, that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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14 1  I was available to help or assist in the separation if 2  I had to.        All I'm saying is          that, and maybe it            would 3  have been better to have                  that conversation,            but      I 4  wasn't prepared to actually out-process                          her on the 5  21st.        I wasn't here.
6                      SPECIAL AGENT TEATOR:                  Didn't*P              and 7  *Actually            do the out-processing?
8                                        Yes.
9                      SPECIAL AGENT TEATOR:                Not you.
10                                        That's correct.
11                      SPECIAL AGENT TEATOR:                All right.
12                                      . That's correct.            But I was 13  here as a resource available as to manage an event.
14  It    got difficult.            I personally want to be available 15  for some of these more difficult separations.                                I've 16  been through some difficult separations.                          I just have 17  more experience than                      r'            . It's  really that 18  simple.
19                      SPECIAL AGENT TEATOR:                Okay. Well,    then 20  why didn't you do the separation meeting with Kim on 21  Friday,        the 28th if      that's true?
22It                                            was clear that I wanted to 23  keep it        as,  let's    say, cordial as possible.                  It    was 24  clear by this time that Kim and I were probably not on 25  the best of terms.              Ever since the conversations she NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 had with4NWa--            or I had with"A                            the prior 2 month, in February, I think she resented it.                          She felt 3  as    though I      owed    her an apology            for    telling 4 #*            hat she was going to be laid off.                    And, like 5  I said,      I won't say that we ever had a relationship 6 but our interactions were somewhat strained.
7                    SPECIAL AGENT TEATOR:              I hear what you're 8 saying but it's        not adding up to me.
* okay.
9 10                    SPECIAL AGENT TEATOR:                If  you wanted to 11  make sure you were here for the separation but then 12  you don't participate anyway on the 28th and you say 13  that that was part of the reason for not getting with 14  her before the 21st to say,                  "The 21st is          your last 15  day,"      because you're not going to be there.                      Well,    on 16  the 28th you're here and you don't do the separation t-1/  meeting anyway.          It  just doesn't add up to me.                      And 18  maybe I'm misunderstanding                something,        but it      sounds 19  like a little        bit of a conflict to me.
20                                    Yes.      I mean you're certainly 21  entitled to your opinion.
22                    SPECIAL AGENT TEATOR:            Right.      I'm looking 23  for      answers.      I    need    answers        as    to  why    things 24  happened,        and this answer is        not real clear to me.
25                                          I    mean      as    far    as      the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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16 1  separation,        "Turn in your stuff," that sort of thing,
                                          ,/A 2  well,      you know where(                      ffice is,        right?
3                    SPECIAL AGENT TEATOR:                  Right.
4                                            Well,                here,  I'm right 5  next      door,  and        I    had    a      lnd              )both      do the 6  separation.
7                    SPECIAL AGENT TEATOR:                    Is    that unusual, 8  having two people do it?
9 10                      SPECIAL AGENT TEATOR:                    Okay. All right.
11    What happened in February between you:                                      M        nd 12    Kim that --      it    sounds like you're saying that caused 13  your relationship with Kim to not be as good as it                                  was 14  before.
15 16                    SPECIAL 2GENT TEATOR:                    What happened?
17                            ..              )      Well,      I    never      would 18  characterize          us as having a strong relationship or 19  whatever,        but    in      the    February time          frame we were 20  prepping for the discharge of                                        so    his is 21  a bargaining unit discharge surrounding.a 22 23                    SPECIAL AGENT TEATOR:                    Right. Okay.
24                                            In the course of our prepping, 25  we reviewed.                              emails.      I came across emails NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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171 7C_
1  where Kim was continuing to correspond with                                      9 2  even      after    his  discharge.          I'm      concerned    or      was 3  concerned about those from a National Labor Relations 4  Board issue and just what appeared to be impropriety 5  of her trying to again interject herself in a process 6  where      this person had been discharged                  and she was 7  still      having communications with this-guy.
8                      SPECIAL AGENT TEATOR:                Okay.
9                                    "agSo in the course of our prep, 10    the arbitration prep, obviously these emails came out, 11  we were studying,            all preparing for the arbitration 12  and then had those discussions with our Labor Counsel, 13                                                      d the implications of 14  this, and                aid he would take upon himself to talk 15  to Kim.          And Kim,    I  think,    resented that her layoff 16  was announced or whatever,                  because I      think she was 17  trying        to  keep    it    very    quiet        or  secretive          or 18  something.
19                      SPECIAL AGENT TEATOR:              So you toldýý 20  that Kim was going to be laid off, effective sometime 21  in    the near future?
22                                        Yes. He had to know that for 23  the arbitration prep,              so all of a sudden --
24                      SPECIAL AGENT TEATOR:              But I'm trying to 25  get to why Kim was upset with you from what was                            --
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1                                      >)Yes. And I didn't really get 2 it    either,      because it      was --    I mean she was going to 3 be laid off, her position was eliminated,                          and yet she 4 was somehow,          like I said, trying to keep it                  quiet or 5 like it          wasn't happening,        I don't know.
6                      SPECIAL AGENT TEATOR:              All right.          Let's 7 go    back      to  this    meeting      on    the    19th    out    in      the 8 Training Building.                Did you have an opportunity to 9 tell      her there when you saw her or did you see her 10 from a distance?                I'm trying to understand,                    "Gee, 11 there's Kim.            Maybe I      should tell        her now.      My boss 12 wants me to get this done by the 21st."                              Here's an 13 opportunity the day after you're told.                          Tell me why 14 you didn't tell          her that then.
15                                          To  tell      you    the    truth,        I 16 didn't even think about                it.      I  mean to answer your 17 question directly, did I have an opportunity, yes,                                  I 18 had an opportunity.              I mean I saw her, she was 20 feet 19 away.            I  could    have    walked        over    and    had      that 20 conversation.            So I didn't have a conscious thought 21 about,        "I should be telling Kim that now."                  The other 22 thing        is  you  have    to  understand          the  timing,        the 23 setting, that sort of thing.                    So in these potentially 24 volatile situations, you're not going to tell                          somebody 25 in the middle of a cafeteria,                  "Oh,  by the way, you're NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1    going to be laid off on Friday,"                        particularly where 2    your concerned that there's going to be concern on her 3    part.
4                          And  you    also    have      to    understand          that 5    during this time frame I was also separating a number 6    of other people associated -- I mean you ha*                                          0 7    and everybody else.                  So I    mean      I  had    --  when      I  do 8    these          separations,        there's      a    process      that      I    go 9    through,        I  mean the setting and where you have it.
10    It's      not just, "Hey,          come in here, you're'losing your 11    j ob. "
12                            SPECIAL AGENT TEATOR:              Is  that a reason 13    why you didn't tell                her then because of the setting?
14                                              I did not have --              I'm just 15    telling you,            I'm looking you straight in                  the eye,        I 16    didn't have a conscious thought                        I should be telling 17    her now that she's being laid off.                          So I didn't think 18    to myself,            "No,  I'm not going to tell              her now because 19    of the setting."              I didn't think about it              at the time.
20                          SPECIAL AGENT TEATOR:                Okay.      All right.
21    On      March      20,    2003,    you had        a meeting        withfw              ~1 ~
I 22  ais                    that correct?
23                                          )  Well,    I was part of a larger 24    meeting with 25                          SPECIAL AGENT TEATOR:                Okay.      I'm sorry.
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20 1  So who else was at the meeting?                    Was "M          here?
2                                        Yes.                as there.          And 3  it's    not on my calendar,            but I'm trying to remember, 4  because we had a couple meetings of IR meetings.                                I 5  don't know if        --
6                      SPECIAL AGENT        TEATOR:          IR,  Industrial 7  Relations?
8                                  7)    Industrial Relations.
9                      SPECIAL AGENT TEATOR:              That's what this 10  meeting wit i*RNyas about on the 20th?
11                  ot                  ) Yes. Again, if      you look on my 12  calendar on the 18th, it              says discussion of meeting on 13  3-20      with                        . So    the    genesis      of  that 14  meeting was an Industrial Relations meeting and there 15  were      some    bumps    between      C            and    Corporate        HR 16  throughout this period.                  So I-mea              ._Wisgetting 17  close to his leaving date.                    Corporate HR and 18  were bumping, Jwas                      pushing back on them.                  So 19  there was          some  conflicts,        and    I    was  a  little      bit 20  caught        in  the  middle      on  some    of    these    Industrial 21  Relations,        and            was still      pushing on the Union 22  and some other things, and the Corporate HR folks were 23  in    the process of easin                      out.
24                      SPECIAL AGENT TEATOR:              So at this meeting 25  on the 20th,          at some point in            the meeting,        did you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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21 1 have a discussion with
* bout Kim Harvin?
2                                          Yes. It  was      as I remember, 3 it    was a very --              I  wouldn't        even call      it  a brief 4  meeting,        it    was    a discussion.            So we    finished our 5 meeting.          As I remember,          we were getting up to leave, 6 okay?
7                      SPECIAL AGENT TEATOR:                Right.
                              *          :*~And I. think (                was --        I 8
9 don't know if d                    was still      in  the room or not but 10  I mean we were          --    you know, people are leaving,                it    was 11  up    in        *rconference                  room.                    Kim      is 12  supposed to be leaving this week.                            Do you have any 13  work or something that                    she's doing, "        and he      says, 14  "Yes."        He says,        "No,              There's nothing for her 15  to      do.        I  haven't        given      her    any  assignments.
16  Basically, there's no work left for her to do."                                  And 17  then      I  think        he    said    something        about,    "Yes,        we 18  talked."          So when you me in            the earlier conversation 19  di                and she talk, that's why I'm thinking that 20  she and                had already talked and he said something 21  about,        "She talked about who laid her off,"                        and he 22  said,      "I'm responsible for her lay off," and I said, 23  "But you don't have you any work for her to do or 24  anything now?"              He said, "No,                  There's nothing."
25  He says,        "You may want to double check with                                  he  [4'u NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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22 1      says,      "but as far as I know,          there's no assignments,"
2      because there were plant assignments he said she had 3      to go to before,          and he said,        "I don't have any work 4      for her."
5                        SPECIAL      AGENT      TEATOR:          At    a    couple 6      different times,          you went to                      7 and he        told 7      you the same thing.
8Yes.
9                          SPECIAL AGENT TEATOR:              And when she tells 10      you,        what you testified before,              was that,                has 11      given me work.          I have things to do for(                    and you 12      go check that out with                      and you find that's not 13      true.
14                                        )  Yes.      And I    can' t  remember 15      exactly if        I had one'or two conversations with 16      but      it    seemed  like just        in  talking      to  Kim it        was 17      bouncing me around.              I just got the sense that I was 18      getting bounced around by her, "Well                                given me 19      work, "M            ven me work,"          and I'm just telling you 20      I got a sense that she was trying to manipulate me so 21      she wouldn't be out-processed or whatever.                      That's the 22      sense that I got.              And by the way,          I mean I got the 23      same sense when I was talking to&j                          ý so you asked 24      about did we believe that this might be a difficult 25      separation.          I  believed that          it  was going to be a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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23 1  difficult separation.
2                        SPECIAL AGENT TEATOR:              All right.
3' 4                      SPECIAL AGENT TEATOR:              Okay. It's    10:08.
5  We're going to take a short break.
6                        (Whereupon,      the foregoing matter went off 7                      the record at 10:08 a.m. and went back on 8                      the record at 10:15 a.m.)
9                      SPECIAL AGENT TEATOR:                It's  10:15,    we're 10  back on the record.              A couple more areas here.                Again, 11  we're talking about the same time period, okay?                              When 12  you had the discussion wit                          on the 20th of March 13  about Kim,        did you tell        him that Friday the 21st was 14  going to be her last day?
15                                          I think we said we're moving 16  it    up. I don't know if        I said tomorrow's her last day 17  or not.          I  don't    believe that          I  did now that          I'm 18  thinking about it.
19                      SPECIAL AGENT TEATOR:                Okay.
20                      C            9    I'm just looking into my head.
21  So if    that's on Thursday, I know I have an arbitration 22  on Friday, and I don't have it                    set up,      I don't know 23  that I told                  that tomorrow is            her last day.
24                      SPECIAL AGENT TEATOR:                  Okay.      When you 25  told        t      that Kim's date was being moved up, did he NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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24
.1    ask why?
2                                          I don't believe he did.
3                      SPECIAL AGENT TEATOR:              Did he ask who made 4  the decision?
5                        81                1I think it      was a      collective 6  we,    meaning HR.
7                      SPECIAL AGENT TEATOR:                Okay.
8                          -        ,    But did he ask that question, 9  who made that decision,                  I don't believe he did.                      I 10    really don't know.                  I shouldn't        say he didn't.                  I 11    don't      remember      him      saying,    "Well,        who    made      that 12    decision?"
13                      SPECIAL AGENT TEATOR:                All right.        Did he 14    object to her date being moved up?
15
* No. Because he understood the 16    context,      and, by the way,          you know I objected to the 17  word, "accelerated" or "moved up," so I still                          make the 18  same objection.            It's      that if    your work is done,              your 19  work is        done. So I mean you can --              you can move the 20  'date up,        but if    your,work's done,            your work's done, 21  and you        leave    the    site.        I  mean      it's    really      that 22  simple.
23                      SPECIAL      AGENT    TEATOR:            Not  to  her        it 24  wasn't,        though.
25                                          No. I'm sorry.
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25 1                        SPECIAL AGENT          TEATOR:        No,  that's        all 2  right.        I understand.          But I mean --      to her I think it 3 was a surprise.                So did~Jobject                  to moving her 4  date up to        --  her last      date up?
5                                          No. Because if      he did --          I 6 mean(!00is              the ultimate decision maker,                so I mean 7  if.              ays,    "No, she has work to do,"              --  so let's 8 just go with that conversation.                                                      Isays, 9  can't.          She has this, she's working on an NRC report, 10  she's helping me with this intervention next week.                                  I 11  can't let her go."                  I  go back and say,                      and 12                she has a lot of work to do.                  There's a lot of
              "'I.
13  things on her slate, and we can't" your words,                              "move 14  that up or accelerate that,                    because she has work to 15  do."        What moves it        is  if  you have work to do or not.
16  That's what really drives it.
17                        SPECIAL AGENT TEATOR:            And you asked*
* 18  if    he had anything for her, and his answer was no.
19                                            Rgt 20                        SPECIAL AGENT TEATOR:              Right?
21                                            Rgt 22                        SPECIAL AGENT TEATOR:              Is  that correct?
23                            WA              Right.
24                      SPECIAL AGENT TEATOR:              All right.      Did you 25  tell      --    think about this now --              did you tell        anyone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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26 1 that the 21st was going to be Kim's last day?
2                                    I've been thinking about that, 3 and I was hoping 'that I told                      or:              I don't 4 remember having a specific conversation that the 21st 5 was her last day.            The way this works is            that we had 6 a number of conversations,              ,42M            WInd
                                                            )a      I,    as far 7 as how does this happen, how do we make this happen.
8 I wish        I had  a specific        recall      as  to,    "Hey,      it's 9 supposed to happen on Monday and, " like you said, "you 10 guys make it        happen."      I don't remember having that 11 specific conversation with 12                    SPECIAL AGENT TEATOR:                Okay. Could you 13 have told them that the following week,                    "Hey,    this was 14 supposed to happen last Friday.                    We've got to get it 15 done."
16                                        That's      what    I  think        the 17 conversation        was,    "Hey,    I    didn't      do    what      I    was is supposed to.        We've got to make it            happen this week."
19                    SPECIAL AGENT TEATOR:              Okay. All right.
20 All right.          I've interviewed you twice now,                    but is 21 there anything you can tell                  me or provide to me in 22 writing to torroborate the fact that the decision to 23 move up Kim's date was made or you got the direction 24 to make that happen f.                                            the 18th.
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27 1  you were given that direction that day,                        other than 2  what you testified to?
3                                          Nothing      other      than        my 4  testimony and making the assumption you would talked 5  to            -about                that as well.            So I would 6  hope that they would confirm what I told you, because 7  that is the truth.        I know what happened at the end of 8  that meeting,      and that's the truth.
9                    SPECIAL AGENT TEATOR:                Okay.      Is    there 10    anything      in  writing      that    you      could    offer      up      to 11    corroborate that?
12                                        No,  nothing other than the 13    calendai .and my recollection,                            or
                                                                                        )
14    recollection.
15                    The other thing, and just so you know the 16    tone, there was a desire to get Kim off the site, even 17    in advance of this date.
18                    SPECIAL AGENT TEATOR:              Why?
19                                        Because        of  a    variety        of 20  things.        You  got    to  remember        what's      happening.
21                  eaving, she's tied to'01                M__- _ý_gone, 22  she's going to be gone, and that was probably from the 23  last quarter of        2002 moving forward.                  There was a 24  belief from the HR perspective, mine as well, that she 25  was not, how can I put this correctly, that she wasn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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28 1  good for the site, she was not necessarily advancing 2  the issues that we wanted,                  bringing rapport to the 3  site.
4                      Unfortunately, probably at least the last 5  six months or whatever,                there were two things going 6  on.      The first    is  probably from-              *perspective, 7  Kim was part of the senior leadership team and part of 8  that team.        A number of managers who spoke to me,                    the 9  Union or whatever,            they believed that she was,              quote, 10    "a spy" for"                    So I saw her role her as almost 11    divisive      between          0    and    the    rest  of  the      site.
12    There were people that felt her behavior was extremely 13    odd,        myself    included,        and    the    HR  folks,        even 14    predecessor tov                    ) felt she was not contributing 15    to the site.          We felt it      was an aberration that she 16    was getting $2,000 a month in expenses.                      I mean those 17    things are just hard to account for.                      I mean that was 3.8 ,call                  and he authorized the payment.
19                        So you have a couple of dynamics going on.
20    There are people thinking she's not good for the site.
21    Peggy had the issue with her expense reporting, so she 22    wanted her off the site.                Frankly, yes,      in  February, 23    I said,                \do you want me to do an investigation, 24    because,        personally,          I    think      she    should          be 25    discharged,"          and    *j      said,      "No.      She's  leaving NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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29 1    anyway.        Let's just let      it  go."    So I talked 2    in advance of this at other times and                          )was    like, 3  J*      *h)when is      she going?        Is she gone yet?"        So those 4    were      the  conversations.            It    was    not  a  complete 5    surprise on the date of the 18th.                    It  was like, "Let's 6    get her off," because I was being pressured like, "Why 7    is    she still    here?"
8                      SPECIAL AGENT TEATOR:                Okay. You said 9    that mangers at the site thought Kim was a spy and was 10    divisive.        Can you give me some names of people who 11    told you that?
12                                        There was probably two camps.
13    Some thought        she was        okay,      so  that    would be 14 (S                      I          nd a few people that thought she 15    was okay on an individual basis.                    And then again you 16    even have        to worry      --  it's    on the      record but there 17    were even innuendo wit1"01                    is there anything going 18    on there?        I don't know if        anything happened there or 19    not.
20                      SPECIAL      AGENT      TEATOR:        That's    talking 21    about her relationships?
22                                          Personal relationships.
23                      SPECIAL AGENT TEATOR:              You mentioned that 24    managers thought Kim was a spy and divisive.                          I wantfl 25    to find out who those people are.
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      .  °
 
30
  .1                                          All    right.        Probably*
2                IONA                                                            You 3 may want to talk to-                              who works for you guys 4 now.      He was the                                at the time.          And I 5 don't        have      -specific      names,        but    probably        other 6 superintendents,            myself, the Union.            So I mean if        you 7 were to canvass the whole site and get a perspective, 8 you would get probably                two perspectives:              A small 9 group of people that thought she was okay helping on 10  an individual basis.                Like I      said,    that might have ii  been.                              And then I think if            you were to 12  canvass the rest of the site, you would get the people 13  who were unfortunately mocking her.                      She was Dr. Love.
14                    . There's another example.              I walked into a 15  meeting          over    the    Processing        Center,      so    it    was 16  Operations,          Union, Kim was sitting there, myself, and 17  as soon as I walked in,                a couple guys on the other 18  side      started laughing.              So    at    the    break    I    said, 19  "What's going on?"              I  thought they were laughing at 20  me.      And I      think it    was                    --    it  might have
.21  been                                          --    I think it      was          ,)
22  or
* and they started laughing,                and they said, 23                we never saw.                    and Dr. Love in the same 24  room.        We were wondering what would happen."                    (
25              ecause I do a number of separations.                    That's my      j NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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31 1 nickname.          So this is months in advance of this.
2                        But all    I'm saying that's            what was really 3 --    that's my belief.              That's what was really going on 4 on the site.            So people were mocking her, making fun 5 of her,        and she didn't recognize                  it  that a lot of 6 people didn't think she was contributing to the site.
7                        SPECIAL AGENT TEATOR:              Okay. It's    10:26.
8 We're going to take another short break,                              then we're 9 going to finish up.
10                        (Whereupon,      the foregoing matter went off 11                        the record at 10:26 a.m. and went back on 12                        the record at 10:33 a.m.)
13                        SPECIAL AGENT TEATOR:            We're back on, it's 14 10:33.        During the break,                      )you and Jeff got: a 15 copy of          ....              calendar for March 2003.                    What 16 does it        show on her calendar for March 20?
17                                                  'O          I calendar shows 18 an arbitration prep for                              on the 20th, starting 19 at nine and ending at three o'clock.
20                        SPECIAL AGENT TEATOR:            Okay.      What does it 21 show for the 21st?
22                                                The        21st      is 23 arbitration.              I  had forgotten that                    )and    I both 24 worked on this arbitration,                    so      jLwould have been 25 with me up at Mount Laurel as well.                            So,    obviously, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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32 1  both of us were offsite that day.
2                  SPECIAL AGENT TEATOR:              Okay.      All right.
3  I don't have any other questions at this point.                        Jeff, 4  is    there  something you want            to go over with your 5  client?
6                  MR. KEENAN:        No,  nothing further.
7                  SPECIAL AGENT TEATOR:              Okay. It's    10:33.
8  This interview is        concluded.        Thank you.
9                  (Whereupon,      at 10:33 a.m.,          the Interview 10    of                )was concluded.)
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Latest revision as of 17:14, 23 November 2019

Transcript of Individual
ML062000328
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 06/10/2004
From:
NRC/OI
To:
References
1-2003-045, FOIA/PA-2005-0194
Download: ML062000328 (32)


Text

I 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 + + + + +

4 OFFICE OF INVESTIGATIONS 5 INTERVIEW 6

7 ------------ x 8 IN THE MATTER OF:

9 .INTERVIEW OF: Docket No. 1-2003-045 10 11 (CLOSED) 12 ------------x 13 14 Thursday, June 10 , 2004 15 Human Resources Department 16 Building TB2 17 Salem Hope Creek Nuclear Station 18 Hancock's Bridge, New Jersey 19 20 The above-entitled interview was conducted 21 at 9:46 a.m.

22 23 BEFORE:

24 Special Agent JEFF TEATOR

-25.

Information It thiS r&mas deleted inaccordance jith the Freedom of Information NEAL R. GROSS Act, exemptio S /X=C ' -OURT REPORTERS AND TRANSCRIBERS FOIA- Iio's-/ 9-y1323 t/ RHODE ISLAND AVE., N.W.

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1 APPEARANCES:

2 3 ON BEHALF OF PSEG AND(

jL-4 JEFF KEENAN 5 Assistant General Solicitor 6 PSEG Services 7

8 9

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1 PROC E ED I NG S 2 (9:46 a.m.)

3 SPECIAL AGENT TEATOR: Today's date is 4 June 10, the year is 2004. My name is Jeffrey Teator.

5 I'm a Senior Special Agent with the NRC's Office of 6 Investigation. It's approximately 9:46 in the 7 morning.

8 This morning, I am doing a reinterview of 9 This interview is taking place in the 10 Human Resources Department, in the Building TB2, at 11 Salem Hope Creek Nuclear Generating Station.

12 this is a reinterview of you.

13 Again, it's voluntary. Knowing it's voluntary, do you 14 wish to go forward?

15 Yes.

16 SPECIAL AGENT TEATOR: Okay. And do you 17 have any objection to providing sworn testimony?

18 No, not at all.

19 SPECIAL AGENT TEATOR: Raise your right 20 hand for me, please?

21 do you swear that the 22 information that you are about to provide to me is the 23 truth, the .whole truth and nothing but the truth?

24,Yeiis 25 SPECIAL AGENT TEATOR: Okay. You're NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 represented by counsel today. Counsel is the 2 representation the same as. it was during the initial 3 interview of 4 MR. KEENAN: Yes, it's the same 5 representation.

6 SPECIAL AGENT TEATOR: Okay.- is 7 that your understanding?

8 *)Yes, it is.

9 SPECIAL AGENT TEATOR: Okay. You want to 10 go forward with counsel present?

11 Yes.

12 SPECIAL AGENT TEATOR: All right. Okay.

13 You're still considered a fact witness in the 14 investigation. Although you were involved in 15 discussions and directions given to you by your 16 managers, about moving up 17 Kim Harvin's last day here, at this point, I still 18 consider you a witness in the investigation.

19 0 a 20 SPECIAL AGENT TEATOR: All right. I want 21 to talk about a couple of areas if we could to kind of 22 finish up here on the March 18 through March 28 time 23 period.

24 Sure.

25 SPECIAL AGENT TEATOR: So that's where I'm m 4 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 going to begin. Now, you testified to me earlier that 2 on March 18, 2003 there was a meeting during which 4 d you had a meeting 3 after 4 a meeting involving a larger group of HR people; is 5 that correct?

6 7 SPECIAL AGENT TEATOR: And you testified that during this meeting between and 8

9 yourself, you were directed by them to move up Kim's 10 last day.

11 12 SPECIAL AGENT TEATOR: Is that correct?

13 And the direction was that her last day was to be that 14 Friday, March 21, 2003; is that correct?

15 IYes. I think the conversation 16 was, "Make it happen by the end of the week," which 17 would have been the 21st.

18 SPECIAL AGENT TEATOR: Okay. All right.

19 Now, did you communicate the direction to anybody down 20 here at the site?

21 I can't remember a specific 22 conversation, but it sounds like something that I 23 would be talking to 24 about the date being the 21st 25 of that week, but I don't remember a specific

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6 1 conversation. As I looked at my calendar week, that 2 was -- well, the whole month was the month of hell, 3 but that particular week was very, very busy. The 4 '19th we had an offsite, we were at the training 5 center. I had an arbitration prep on the 20th and, 6 like I said, an IR meeting. So I'm not sure if I had 7 a specific conversation wit o about what 8 I was asked to do.

9 SPECIAL AGENT TEATOR: Can you tell me 10 where you were at on the 19th or March 2003?

11 sure.

12 SPECIAL AGENT TEATOR: I mean you're 13 looking at your calendar. Where were these meetings 14 on the 19th?

15 )Okay. The 19th, this is out 16 at the training center.

17 SPECIAL AGENT TEATOR: Okay. In Salem.

18 Ys 19 SPECIAL AGENT TEATOR: The backside of 20 Salem. All right.

21 Yes. So these were a series 22 of meetings for Ch mistry and Ops which were 23 characterized as an intervention. So there were a /6_

24 number of issues between Salem Ops and the Union.

25 Same way with Salem Chemistry and the Union. So we NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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7 1 had set up well in advance of this a meeting to try to 2 resolve some of those differences. So as I remember, 3 _ and were down, we had the station 4 management, myself. So as I 5 looked around -- or trying remember around the room, 6 there were quite a few people, maybe 12, 15 people or 7 something for these meetings.

8 SPECIAL AGENT TEATOR: Right. I guess 9 what's bothering me a little bit is --

10 Sure.

11 SPECIAL AGENT TEATOR: -- why -- it 12 doesn't appear that any -- that you took any 13 substantive action to make that happen by the 21st, by 14 the end of the week, that meaning having Kim's day 15 moved up by the end of the week. I'm looking for an 16 explanation there, and I'm -- what is your 17 explanation? I'm just thinking to myself, and hear me 18 out, you're being told by the 19 .)your told by your immediate supervisor, )

20 1 )to make this happen by Friday. All right.

21 Fine. I mean everybody's busy all the time, and I 22 understand that, but -- and I'm not being -- I'm not 23 looking to be critical of you. I'm trying to get an 24 understanding of what you did to make that happen, and 25 if it didn't happen, why? Well, it didn't happen.

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8

)Right. That's a fact. I did 2 -- like I said, it was an extremely busy week, and 3 sometimes I'm a little head strong or whatever you 4 want to call it. So if I'm looking at my schedule and 5 say I can't make it happen this week, it's Monday or 6 Tuesday is just as good or whatever. I'm not saying 7 I made a conscious decision to ignore what they told 8 me to do. All I'm saying is that I got tied up in the 9 week and it didn't happen like it was supposed to.

10 SPECIAL AGENT TEATOR: Did you make any 11 attempt to telephone Kim to tell her about that?

12 No.

13 SPECIALAGENT TEATOR: Why not?

14 -9 Because it would be my 15 responsibility to be here. And tell you candidly, I 16 wanted to be here or around when that was happening.

17 I knew it was -- or I believed it was going to be a 18 difficult separation, and I wanted to be here to make 19 sure that if I didn't oversee it, I was certainly here 20 and available.

21 SPECIAL AGENT TEATOR: Why did you think 22 that it was going to be a difficult separation?

23 I got a sense through all of 24 this that Kim did not want to leave, and I think she 25 was making every effort through her communications K NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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9 I with d everyone else that it was her 7 2 belief that she was needed, she should stay, and I 3 believe that she was going to work very diligently to 4 make that happen and for somehow to stay and remain 5 with PS even though the decision had been made, like 6 I said, months ago that she was going to be separated.

7 And that pretty much bore out through the 8 conversations through that week, the next week, and 9 the day before she was supposed to leave she said, "I 10 can't leave. I got more things fromwko-do," and 11 whether the word is "directive" or whatever is I said, 12 "No, Kim. Today is your last day, and we'll stay and 13 we'll make that happen." It was originally scheduled 14 for 10:30 in the morning on Friday and she kept on 15 procrastinating and procrastinating, and I told 16 said, "We're staying till midnight if we 17 have to because this is happening today."

18 SPECIAL AGENT TEATOR: Right. Okay. Does 19 handle most of the final meetings with the 20 employees when they're separated? Does she do most of 21 those?

22 .'0.MI or both.

23 SPECIAL AGENT TEATOR: Okay. So then my 24 question is going to be, all right, you're busy both 25 Thursday and Friday. You're not getting to making NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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10 1 that happen. Why didn't you have or direc t( or 2 /o have that communication with Kim Harvin?

3 )Because you usually want to 4 have that conversation too far in advance of their 5 actual separation.

6 SPECIAL AGENT TEATOR: Well, you're 7 talking two days, though.

8 es.

9 SPECIAL AGENT TEATOR: Okay.

10 . And I wasn't here on that 11 Friday, so I had an -- on that Friday, the 21st, I had 12 an arbitration up in Mount Laurel, so I wasn't there 13 that Friday.

14 SPECIAL AGENT TEATOR: You weren't here at 15 all that Friday.

16 No. No. In fact, if I 17 remember right, I think I called * ) to set up the 18 meeting with Kim, I think it was, the following Monday 19 or something.

20 SPECIAL AGENT TEATOR: Right.

21 MR. KEENAN: Would it be helpful to try to 22 ascertain UV-#V )schedule during that time 23 period? I mean that's something that we haven't -- I 24 don't have.

25 SPECIAL AGENT TEATOR: Right.

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11 1 MR. KEENAN: I don't know how hard it 2 would be to obtain but that might help refresh your 3 recollection on whether they were available.

4 Wel, el you can look, but I'm 5 just telling you I don't remember directing r 6 7 )o do that. So I mean you could look at their 7 schedule, but I'm not laying it off that they weren't 8 available.

9 SPECIAL AGENT TEATOR: Right.

10 MR. KEENAN: My simple point was if you 11 knew at that time period that they weren't available, 12 that might have been a reason why you wouldn't have 13 contacted them.

14 SPECIAL AGENT TEATOR: Yes. Okay.

15 MR. KEENAN: But I simply don't know that 16 one way or the other.

17 SPECIAL AGENT TEATOR: Right. I might 18 want that. Let me think about that, okay?

19 MR. KEENAN: Yes.

20 SPECIAL AGENT TEATOR: See, I'm just --

21 I'm not struggling but I want to have a clear answer, 22 and I need a clear answer that the decision to move 23 her up was made on the 18th.

24 Yes. I don't know how to 25 assure you.' I personally know that that's when the NEAL R. GROSS  :

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12 1 decision was made, but I mean I don't know how else to 2 reassure you of that.

3 SPECIAL AGENT TEATOR: Okay. Now, you 4 said you attended a meeting on the 19th, March 19th, 5 and we had a discussion prior to going on the record 6 about that. Can you go ahead and tell me how that's 7 relevant to what we're talking about today?

8 **Yes. I believe it's relevant 9 because it was about Kim's assignments being over and 10 her not recognizing that her assignments are over. So 11 on the 19th, as I said earlier, there was, I'll all it 12 an intervention. There were two interventions, one 13 for Chemistry and one for Ops. so you had the 14 management for both in attendance at those meetings, 15 one at 7:30 to 12, and the other one started after 16 lunch.

17 SPECIAL AGENT TEATOR: You're looking at 18 your calendar.

19 Yes. Yes.

20 SPECIAL AGENT TEATOR: Okay. Go ahead.

21 And as I recall, Kim showed up. So this is outside of 22 the training by the -- well, you don't know the area, 23 but Training Department, right outside of the 24 cafeteria there. The room was immediately next to the 25 cafeteria, and Kim is there in advance of these NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 meetings. So I, I think i ittw was a no 2 look around and say, "Well, what's she doing here?"

3 "I don't know. I didn't invite her." And then 4 . .aid, I'll take care of it." /ent and he 5 talked to Kim and basically he told her that she 6 wasn't welcome in the meeting, and she didn't attend 7 the meeting.

8 SPECIAL AGENT TEATOR: Okay. If you saw 9 Kim there at that meeting, why didn't you take some 10 time to go tell her about the decision to move up her 11 date?

12 ,1 I don't know. I didn't think 13 about it. But it would have been the next day; yes, 14 you're right.

15 SPECIAL AGENT TEATOR: Well, you were told 16 the day before to make it happen by the end of the 17 week, and then you see her on the 19th at this meeting 18 out in the Training Center, so I'm looking for an 19 explanation as to why you didn't tell her then.

20 Because I couldn't -- I mean 21 as I'm looking at this calendar, I couldn't make that 22 happen. I wasn't here for Friday. If I'm tied up all 23 day on the 20th, I don't know that I could have made 24 it happen. Like I said, I wanted to be available, 25 much as I was on the following Friday the 28th, that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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14 1 I was available to help or assist in the separation if 2 I had to. All I'm saying is that, and maybe it would 3 have been better to have that conversation, but I 4 wasn't prepared to actually out-process her on the 5 21st. I wasn't here.

6 SPECIAL AGENT TEATOR: Didn't*P and 7 *Actually do the out-processing?

8 Yes.

9 SPECIAL AGENT TEATOR: Not you.

10 That's correct.

11 SPECIAL AGENT TEATOR: All right.

12 . That's correct. But I was 13 here as a resource available as to manage an event.

14 It got difficult. I personally want to be available 15 for some of these more difficult separations. I've 16 been through some difficult separations. I just have 17 more experience than r' . It's really that 18 simple.

19 SPECIAL AGENT TEATOR: Okay. Well, then 20 why didn't you do the separation meeting with Kim on 21 Friday, the 28th if that's true?

22It was clear that I wanted to 23 keep it as, let's say, cordial as possible. It was 24 clear by this time that Kim and I were probably not on 25 the best of terms. Ever since the conversations she NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 had with4NWa-- or I had with"A the prior 2 month, in February, I think she resented it. She felt 3 as though I owed her an apology for telling 4 #* hat she was going to be laid off. And, like 5 I said, I won't say that we ever had a relationship 6 but our interactions were somewhat strained.

7 SPECIAL AGENT TEATOR: I hear what you're 8 saying but it's not adding up to me.

  • okay.

9 10 SPECIAL AGENT TEATOR: If you wanted to 11 make sure you were here for the separation but then 12 you don't participate anyway on the 28th and you say 13 that that was part of the reason for not getting with 14 her before the 21st to say, "The 21st is your last 15 day," because you're not going to be there. Well, on 16 the 28th you're here and you don't do the separation t-1/ meeting anyway. It just doesn't add up to me. And 18 maybe I'm misunderstanding something, but it sounds 19 like a little bit of a conflict to me.

20 Yes. I mean you're certainly 21 entitled to your opinion.

22 SPECIAL AGENT TEATOR: Right. I'm looking 23 for answers. I need answers as to why things 24 happened, and this answer is not real clear to me.

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16 1 separation, "Turn in your stuff," that sort of thing,

,/A 2 well, you know where( ffice is, right?

3 SPECIAL AGENT TEATOR: Right.

4 Well, here, I'm right 5 next door, and I had a lnd )both do the 6 separation.

7 SPECIAL AGENT TEATOR: Is that unusual, 8 having two people do it?

9 10 SPECIAL AGENT TEATOR: Okay. All right.

11 What happened in February between you: M nd 12 Kim that -- it sounds like you're saying that caused 13 your relationship with Kim to not be as good as it was 14 before.

15 16 SPECIAL 2GENT TEATOR: What happened?

17 .. ) Well, I never would 18 characterize us as having a strong relationship or 19 whatever, but in the February time frame we were 20 prepping for the discharge of so his is 21 a bargaining unit discharge surrounding.a 22 23 SPECIAL AGENT TEATOR: Right. Okay.

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171 7C_

1 where Kim was continuing to correspond with 9 2 even after his discharge. I'm concerned or was 3 concerned about those from a National Labor Relations 4 Board issue and just what appeared to be impropriety 5 of her trying to again interject herself in a process 6 where this person had been discharged and she was 7 still having communications with this-guy.

8 SPECIAL AGENT TEATOR: Okay.

9 "agSo in the course of our prep, 10 the arbitration prep, obviously these emails came out, 11 we were studying, all preparing for the arbitration 12 and then had those discussions with our Labor Counsel, 13 d the implications of 14 this, and aid he would take upon himself to talk 15 to Kim. And Kim, I think, resented that her layoff 16 was announced or whatever, because I think she was 17 trying to keep it very quiet or secretive or 18 something.

19 SPECIAL AGENT TEATOR: So you toldýý 20 that Kim was going to be laid off, effective sometime 21 in the near future?

22 Yes. He had to know that for 23 the arbitration prep, so all of a sudden --

24 SPECIAL AGENT TEATOR: But I'm trying to 25 get to why Kim was upset with you from what was --

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1 >)Yes. And I didn't really get 2 it either, because it was -- I mean she was going to 3 be laid off, her position was eliminated, and yet she 4 was somehow, like I said, trying to keep it quiet or 5 like it wasn't happening, I don't know.

6 SPECIAL AGENT TEATOR: All right. Let's 7 go back to this meeting on the 19th out in the 8 Training Building. Did you have an opportunity to 9 tell her there when you saw her or did you see her 10 from a distance? I'm trying to understand, "Gee, 11 there's Kim. Maybe I should tell her now. My boss 12 wants me to get this done by the 21st." Here's an 13 opportunity the day after you're told. Tell me why 14 you didn't tell her that then.

15 To tell you the truth, I 16 didn't even think about it. I mean to answer your 17 question directly, did I have an opportunity, yes, I 18 had an opportunity. I mean I saw her, she was 20 feet 19 away. I could have walked over and had that 20 conversation. So I didn't have a conscious thought 21 about, "I should be telling Kim that now." The other 22 thing is you have to understand the timing, the 23 setting, that sort of thing. So in these potentially 24 volatile situations, you're not going to tell somebody 25 in the middle of a cafeteria, "Oh, by the way, you're NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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1 going to be laid off on Friday," particularly where 2 your concerned that there's going to be concern on her 3 part.

4 And you also have to understand that 5 during this time frame I was also separating a number 6 of other people associated -- I mean you ha* 0 7 and everybody else. So I mean I had -- when I do 8 these separations, there's a process that I go 9 through, I mean the setting and where you have it.

10 It's not just, "Hey, come in here, you're'losing your 11 j ob. "

12 SPECIAL AGENT TEATOR: Is that a reason 13 why you didn't tell her then because of the setting?

14 I did not have -- I'm just 15 telling you, I'm looking you straight in the eye, I 16 didn't have a conscious thought I should be telling 17 her now that she's being laid off. So I didn't think 18 to myself, "No, I'm not going to tell her now because 19 of the setting." I didn't think about it at the time.

20 SPECIAL AGENT TEATOR: Okay. All right.

21 On March 20, 2003, you had a meeting withfw ~1 ~

I 22 ais that correct?

23 ) Well, I was part of a larger 24 meeting with 25 SPECIAL AGENT TEATOR: Okay. I'm sorry.

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20 1 So who else was at the meeting? Was "M here?

2 Yes. as there. And 3 it's not on my calendar, but I'm trying to remember, 4 because we had a couple meetings of IR meetings. I 5 don't know if --

6 SPECIAL AGENT TEATOR: IR, Industrial 7 Relations?

8 7) Industrial Relations.

9 SPECIAL AGENT TEATOR: That's what this 10 meeting wit i*RNyas about on the 20th?

11 ot ) Yes. Again, if you look on my 12 calendar on the 18th, it says discussion of meeting on 13 3-20 with . So the genesis of that 14 meeting was an Industrial Relations meeting and there 15 were some bumps between C and Corporate HR 16 throughout this period. So I-mea ._Wisgetting 17 close to his leaving date. Corporate HR and 18 were bumping, Jwas pushing back on them. So 19 there was some conflicts, and I was a little bit 20 caught in the middle on some of these Industrial 21 Relations, and was still pushing on the Union 22 and some other things, and the Corporate HR folks were 23 in the process of easin out.

24 SPECIAL AGENT TEATOR: So at this meeting 25 on the 20th, at some point in the meeting, did you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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21 1 have a discussion with

  • bout Kim Harvin?

2 Yes. It was as I remember, 3 it was a very -- I wouldn't even call it a brief 4 meeting, it was a discussion. So we finished our 5 meeting. As I remember, we were getting up to leave, 6 okay?

7 SPECIAL AGENT TEATOR: Right.

  • :*~And I. think ( was -- I 8

9 don't know if d was still in the room or not but 10 I mean we were -- you know, people are leaving, it was 11 up in *rconference room. Kim is 12 supposed to be leaving this week. Do you have any 13 work or something that she's doing, " and he says, 14 "Yes." He says, "No, There's nothing for her 15 to do. I haven't given her any assignments.

16 Basically, there's no work left for her to do." And 17 then I think he said something about, "Yes, we 18 talked." So when you me in the earlier conversation 19 di and she talk, that's why I'm thinking that 20 she and had already talked and he said something 21 about, "She talked about who laid her off," and he 22 said, "I'm responsible for her lay off," and I said, 23 "But you don't have you any work for her to do or 24 anything now?" He said, "No, There's nothing."

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22 1 says, "but as far as I know, there's no assignments,"

2 because there were plant assignments he said she had 3 to go to before, and he said, "I don't have any work 4 for her."

5 SPECIAL AGENT TEATOR: At a couple 6 different times, you went to 7 and he told 7 you the same thing.

8Yes.

9 SPECIAL AGENT TEATOR: And when she tells 10 you, what you testified before, was that, has 11 given me work. I have things to do for( and you 12 go check that out with and you find that's not 13 true.

14 ) Yes. And I can' t remember 15 exactly if I had one'or two conversations with 16 but it seemed like just in talking to Kim it was 17 bouncing me around. I just got the sense that I was 18 getting bounced around by her, "Well given me 19 work, "M ven me work," and I'm just telling you 20 I got a sense that she was trying to manipulate me so 21 she wouldn't be out-processed or whatever. That's the 22 sense that I got. And by the way, I mean I got the 23 same sense when I was talking to&j ý so you asked 24 about did we believe that this might be a difficult 25 separation. I believed that it was going to be a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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23 1 difficult separation.

2 SPECIAL AGENT TEATOR: All right.

3' 4 SPECIAL AGENT TEATOR: Okay. It's 10:08.

5 We're going to take a short break.

6 (Whereupon, the foregoing matter went off 7 the record at 10:08 a.m. and went back on 8 the record at 10:15 a.m.)

9 SPECIAL AGENT TEATOR: It's 10:15, we're 10 back on the record. A couple more areas here. Again, 11 we're talking about the same time period, okay? When 12 you had the discussion wit on the 20th of March 13 about Kim, did you tell him that Friday the 21st was 14 going to be her last day?

15 I think we said we're moving 16 it up. I don't know if I said tomorrow's her last day 17 or not. I don't believe that I did now that I'm 18 thinking about it.

19 SPECIAL AGENT TEATOR: Okay.

20 C 9 I'm just looking into my head.

21 So if that's on Thursday, I know I have an arbitration 22 on Friday, and I don't have it set up, I don't know 23 that I told that tomorrow is her last day.

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24

.1 ask why?

2 I don't believe he did.

3 SPECIAL AGENT TEATOR: Did he ask who made 4 the decision?

5 81 1I think it was a collective 6 we, meaning HR.

7 SPECIAL AGENT TEATOR: Okay.

8 - , But did he ask that question, 9 who made that decision, I don't believe he did. I 10 really don't know. I shouldn't say he didn't. I 11 don't remember him saying, "Well, who made that 12 decision?"

13 SPECIAL AGENT TEATOR: All right. Did he 14 object to her date being moved up?

15

  • No. Because he understood the 16 context, and, by the way, you know I objected to the 17 word, "accelerated" or "moved up," so I still make the 18 same objection. It's that if your work is done, your 19 work is done. So I mean you can -- you can move the 20 'date up, but if your,work's done, your work's done, 21 and you leave the site. I mean it's really that 22 simple.

23 SPECIAL AGENT TEATOR: Not to her it 24 wasn't, though.

25 No. I'm sorry.

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25 1 SPECIAL AGENT TEATOR: No, that's all 2 right. I understand. But I mean -- to her I think it 3 was a surprise. So did~Jobject to moving her 4 date up to -- her last date up?

5 No. Because if he did -- I 6 mean(!00is the ultimate decision maker, so I mean 7 if. ays, "No, she has work to do," -- so let's 8 just go with that conversation. Isays, 9 can't. She has this, she's working on an NRC report, 10 she's helping me with this intervention next week. I 11 can't let her go." I go back and say, and 12 she has a lot of work to do. There's a lot of

"'I.

13 things on her slate, and we can't" your words, "move 14 that up or accelerate that, because she has work to 15 do." What moves it is if you have work to do or not.

16 That's what really drives it.

17 SPECIAL AGENT TEATOR: And you asked*

  • 18 if he had anything for her, and his answer was no.

19 Rgt 20 SPECIAL AGENT TEATOR: Right?

21 Rgt 22 SPECIAL AGENT TEATOR: Is that correct?

23 WA Right.

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26 1 that the 21st was going to be Kim's last day?

2 I've been thinking about that, 3 and I was hoping 'that I told or: I don't 4 remember having a specific conversation that the 21st 5 was her last day. The way this works is that we had 6 a number of conversations, ,42M WInd

)a I, as far 7 as how does this happen, how do we make this happen.

8 I wish I had a specific recall as to, "Hey, it's 9 supposed to happen on Monday and, " like you said, "you 10 guys make it happen." I don't remember having that 11 specific conversation with 12 SPECIAL AGENT TEATOR: Okay. Could you 13 have told them that the following week, "Hey, this was 14 supposed to happen last Friday. We've got to get it 15 done."

16 That's what I think the 17 conversation was, "Hey, I didn't do what I was is supposed to. We've got to make it happen this week."

19 SPECIAL AGENT TEATOR: Okay. All right.

20 All right. I've interviewed you twice now, but is 21 there anything you can tell me or provide to me in 22 writing to torroborate the fact that the decision to 23 move up Kim's date was made or you got the direction 24 to make that happen f. the 18th.

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27 1 you were given that direction that day, other than 2 what you testified to?

3 Nothing other than my 4 testimony and making the assumption you would talked 5 to -about that as well. So I would 6 hope that they would confirm what I told you, because 7 that is the truth. I know what happened at the end of 8 that meeting, and that's the truth.

9 SPECIAL AGENT TEATOR: Okay. Is there 10 anything in writing that you could offer up to 11 corroborate that?

12 No, nothing other than the 13 calendai .and my recollection, or

)

14 recollection.

15 The other thing, and just so you know the 16 tone, there was a desire to get Kim off the site, even 17 in advance of this date.

18 SPECIAL AGENT TEATOR: Why?

19 Because of a variety of 20 things. You got to remember what's happening.

21 eaving, she's tied to'01 M__- _ý_gone, 22 she's going to be gone, and that was probably from the 23 last quarter of 2002 moving forward. There was a 24 belief from the HR perspective, mine as well, that she 25 was not, how can I put this correctly, that she wasn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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28 1 good for the site, she was not necessarily advancing 2 the issues that we wanted, bringing rapport to the 3 site.

4 Unfortunately, probably at least the last 5 six months or whatever, there were two things going 6 on. The first is probably from- *perspective, 7 Kim was part of the senior leadership team and part of 8 that team. A number of managers who spoke to me, the 9 Union or whatever, they believed that she was, quote, 10 "a spy" for" So I saw her role her as almost 11 divisive between 0 and the rest of the site.

12 There were people that felt her behavior was extremely 13 odd, myself included, and the HR folks, even 14 predecessor tov ) felt she was not contributing 15 to the site. We felt it was an aberration that she 16 was getting $2,000 a month in expenses. I mean those 17 things are just hard to account for. I mean that was 3.8 ,call and he authorized the payment.

19 So you have a couple of dynamics going on.

20 There are people thinking she's not good for the site.

21 Peggy had the issue with her expense reporting, so she 22 wanted her off the site. Frankly, yes, in February, 23 I said, \do you want me to do an investigation, 24 because, personally, I think she should be 25 discharged," and *j said, "No. She's leaving NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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29 1 anyway. Let's just let it go." So I talked 2 in advance of this at other times and )was like, 3 J* *h)when is she going? Is she gone yet?" So those 4 were the conversations. It was not a complete 5 surprise on the date of the 18th. It was like, "Let's 6 get her off," because I was being pressured like, "Why 7 is she still here?"

8 SPECIAL AGENT TEATOR: Okay. You said 9 that mangers at the site thought Kim was a spy and was 10 divisive. Can you give me some names of people who 11 told you that?

12 There was probably two camps.

13 Some thought she was okay, so that would be 14 (S I nd a few people that thought she 15 was okay on an individual basis. And then again you 16 even have to worry -- it's on the record but there 17 were even innuendo wit1"01 is there anything going 18 on there? I don't know if anything happened there or 19 not.

20 SPECIAL AGENT TEATOR: That's talking 21 about her relationships?

22 Personal relationships.

23 SPECIAL AGENT TEATOR: You mentioned that 24 managers thought Kim was a spy and divisive. I wantfl 25 to find out who those people are.

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. °

30

.1 All right. Probably*

2 IONA You 3 may want to talk to- who works for you guys 4 now. He was the at the time. And I 5 don't have -specific names, but probably other 6 superintendents, myself, the Union. So I mean if you 7 were to canvass the whole site and get a perspective, 8 you would get probably two perspectives: A small 9 group of people that thought she was okay helping on 10 an individual basis. Like I said, that might have ii been. And then I think if you were to 12 canvass the rest of the site, you would get the people 13 who were unfortunately mocking her. She was Dr. Love.

14 . There's another example. I walked into a 15 meeting over the Processing Center, so it was 16 Operations, Union, Kim was sitting there, myself, and 17 as soon as I walked in, a couple guys on the other 18 side started laughing. So at the break I said, 19 "What's going on?" I thought they were laughing at 20 me. And I think it was -- it might have

.21 been -- I think it was ,)

22 or

  • and they started laughing, and they said, 23 we never saw. and Dr. Love in the same 24 room. We were wondering what would happen." (

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31 1 nickname. So this is months in advance of this.

2 But all I'm saying that's what was really 3 -- that's my belief. That's what was really going on 4 on the site. So people were mocking her, making fun 5 of her, and she didn't recognize it that a lot of 6 people didn't think she was contributing to the site.

7 SPECIAL AGENT TEATOR: Okay. It's 10:26.

8 We're going to take another short break, then we're 9 going to finish up.

10 (Whereupon, the foregoing matter went off 11 the record at 10:26 a.m. and went back on 12 the record at 10:33 a.m.)

13 SPECIAL AGENT TEATOR: We're back on, it's 14 10:33. During the break, )you and Jeff got: a 15 copy of .... calendar for March 2003. What 16 does it show on her calendar for March 20?

17 'O I calendar shows 18 an arbitration prep for on the 20th, starting 19 at nine and ending at three o'clock.

20 SPECIAL AGENT TEATOR: Okay. What does it 21 show for the 21st?

22 The 21st is 23 arbitration. I had forgotten that )and I both 24 worked on this arbitration, so jLwould have been 25 with me up at Mount Laurel as well. So, obviously, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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. o 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

32 1 both of us were offsite that day.

2 SPECIAL AGENT TEATOR: Okay. All right.

3 I don't have any other questions at this point. Jeff, 4 is there something you want to go over with your 5 client?

6 MR. KEENAN: No, nothing further.

7 SPECIAL AGENT TEATOR: Okay. It's 10:33.

8 This interview is concluded. Thank you.

9 (Whereupon, at 10:33 a.m., the Interview 10 of )was concluded.)

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrarm.-. rmm